COVID-Era Property Fraud in Jamaica: Pandemic Conditions Exploited by Landlords and Scammers

• COVID-19 financial distress made tenants and homeowners more vulnerable to opportunistic fraud.
• Illegal evictions were carried out during the pandemic before any legal process was completed.
• Fraudulent government relief claims related to property were filed by landlords and property owners.
• Distressed homeowners were targeted by buyers offering below-market acquisition prices.
• Pandemic emergency orders were misrepresented to tenants to justify unlawful rent increases or evictions.

The economic disruption caused by the COVID-19 pandemic created acute financial stress for many Jamaican tenants and homeowners, and that stress was exploited by various actors in the property market. Tenants who fell behind on rent due to loss of employment or reduced income faced illegal eviction attempts by landlords who either did not understand or chose to ignore the legal eviction process, which requires a court order in Jamaica. Homeowners who could not service their mortgages faced pressure from lenders, and some were approached by buyers who presented below-market acquisition offers as the only alternative to repossession. Government relief programmes introduced during the pandemic were also targeted by fraudulent claimants who submitted false information to obtain benefits, including business support payments that could be claimed by landlords of commercial property.

Illegal Evictions and Tenant Rights During COVID

Jamaican tenancy law requires landlords to obtain a court order before evicting a tenant, even where the tenant is in arrears. During the COVID-19 period, some landlords attempted to bypass this requirement by removing tenants’ belongings, changing locks, or cutting off utilities in order to force tenants out without a court order. These actions constitute an unlawful eviction regardless of whether the tenant owes rent. Tenants who were unlawfully evicted during the pandemic had the right to apply to the court for restoration of possession and potentially for damages for the unlawful eviction. The misinformation environment of the pandemic was also exploited: false claims that government emergency orders had suspended tenant rights, or that landlords had been given special authority to evict non-paying tenants without a court order, circulated through social media and caused some tenants to vacate unnecessarily.

Distressed Sales and Post-Pandemic Property Market Fraud

The pandemic created a pool of financially distressed property owners who were motivated to sell quickly. Some of these owners received legitimate offers from buyers who saw an opportunity in the market. Others were approached by individuals who used the owners’ distress as leverage to negotiate prices far below what the property would achieve in normal market conditions, sometimes in circumstances that raised questions about whether the element of duress was sufficient to taint the transaction. Homeowners who are under financial pressure and considering a distressed sale should obtain an independent valuation from a registered valuer and seek legal advice before signing any agreement, to ensure they fully understand the market value of their property and the legal implications of any deal they are contemplating.

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