The rights of landlords and tenants under the Rent Commission must be made clear to prevent situations such last week?s unlawful eviction of Shaketa Raynor and her nine-year old son, her landlord has claimed.

Irving Butterfield threw Ms Raynor and her son out last week after she failed to pay her rent, despite informing her in writing that her eviction date was July 31.

?Enough is enough,? he said, citing a litany of complaints about his tenant, including her failure to tell him she was going overseas, failure to pay her rent and electricity bill, and failure to keep the studio apartment in good condition.

Ms Raynor countered that she did keep the place in good condition, that the electricity bill was too high because of faults within the apartment that her landlord did not repair, and that she was late with only one rent payment.

With both tenant and landlord accusing each other of lies and disrespect, the main issue appeared to be the rights of both under the Rent Commission. The apartment at Sleepy Hollow is rent controlled, meaning that Mr. Butterfield had no legal right to throw Ms Raynor out without an order from a magistrate.

However, Mr. Butterfield said, landlords need some protection too. ?Tenants cannot take advantage of the Rent Commission.?

Many young women in Bermuda get rent control apartments, pay for the first few months, then become delinquent in their payments, claiming they cannot be evicted, he claimed. ?It puts landlords in a hole because they know you can do these things and a lot of them do it.?

Mr. Butterfield and his wife also claimed they were unaware that their apartment was rent controlled, despite having lived there for 14 years.

They had never received any documentation from the Rent Commission specifying their rights and their tenants? rights, they said.

Rent Commissioner Eugene Foley did tell Ms Raynor she needed notice of her eviction in writing, Mr. Butterfield said. However Mr. Foley added nothing about the apartment being rent controlled, and the Butterfields did not make that connection.

Mr. Foley agreed his office needs to be more proactive in informing landlords and tenants of their rights. However with a current shortage of staff at the office, he said, that is something which must be put on hold for now.

?We have to realise there are more and more new landlords out there and they may not be aware of their responsibilities under the Act,? he said.

The onus is not just on his office, he added. Both landlords and tenants must be proactive in getting the information, while real estate agents and lawyers also have a responsibility to tell their clients about the issues at hand.

?Had we known, we would?ve gone through (the court process),? Mrs. Butterfield said. ?But we were under the impression the house was ours ... I know that some landlords are hard, but if she was paying her rent, why would we be so stupid as to put her out??

?Really and truly, nobody wanted to do anything to harm this girl,? Mr. Butterfield said.

However, he added, his creditors did not accept the excuse that he could not pay them because his tenant had not paid him.

?If I was wrong, fine, whatever she wants to do, go ahead and do it. I just want to get on with my life.?