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Landlord/tenant rights, dealing with problems, where to get help...

Major repair & temporarily moving out 

e2e5
e2e5
Posts: 2


Posted On: 2/1/2023
e2e5
e2e5
Posts: 2
Hello,

I live in a basement apartment and there are signs that there may be mold behind my bathroom walls. I know this because the landlord sent an environmental company to take a look at it after a more basic handiman opened up the walls and suspected something. The guy from the company said that there probably is mold and it's a 1-3 day job to strip the walls and clean it all out.

Some days later my landlord called me and said that from his further discussions with said company it was revealed that there may also be problems with the joists (I think that was the word...) deep inside the wall. If that's the case, it's a 2 month repair and I'll have to temporarily move out for that time.

Obviously, we can't tell if that deeper repair will be necessary or not until we open up the walls further - but my landlord is suggesting that we can't go back if we go that far.

I don't really trust my landlord as we don't have the sweetest of relationships.

So, my questions are:

- do I have the right to push this repair a few months into the future to such a time when it is more convenient for me? If this happens, can I ask him to temporarily seal up that wall (it still has holes now from the other work that's recently been done though they are covered with plastic)
- if I do have to move out for the 2 months, is it important that I keep sending rent for that time and use a form to try to get it re-imbursed later so he has no possible case to try to turn this into an eviction? (as opposed to not paying while I am not living there)
- is there anything else that I should know / that you would suggest in a situation like this?

Thanks.
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W. Bill Hickock
W. Bill Hickock
Posts: 3


Posted On: 2/6/2023
W. Bill Hickock
W. Bill Hickock
Posts: 3
By law, you will have first right of refusal. Simply put it in writing to your landlord that you plan to return when the renovations are completed. I’m not sure that you have to pay rent for a place that the landlord’s taken over temporarily to do maintenance and repairs. Perhaps someone else can answer this.

Also, it might be a good idea to get in writing how long the landlord is going to take to complete the repairs so that you’ll have some leverage if they drag it out for months.
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Moderator
Moderator
Moderator
Posts: 4081


Posted On: 2/28/2023
Moderator
Moderator
Moderator
Posts: 4081
Hello There,

Thank you for sharing your situation and question with us. We can appreciate that you would be concerned about this situation.

In addition, you may wish to contact the nearest Community Legal Clinic for some advice regarding your situation. The Landlord and Tenant Board is also a good resource that can be reached at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board helps resolve disputes between residential landlords and tenants.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team
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Moderator
Moderator
Moderator
Posts: 4081


Posted On: 2/28/2023
Moderator
Moderator
Moderator
Posts: 4081
Hello There,

Thank you for sharing your situation and question with us. We can appreciate that you would be concerned about this situation.

In addition, you may wish to contact the nearest Community Legal Clinic for some advice regarding your situation. The Landlord and Tenant Board is also a good resource that can be reached at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board helps resolve disputes between residential landlords and tenants.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team
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gamiuya
gamiuya
Posts: 3


Posted On: 4/11/2023
gamiuya
gamiuya
Posts: 3
Regarding your first question, if the repair is not urgent and does not pose an immediate risk to your health and safety, you may be able to negotiate a timeline that is more convenient for you. However, if the repair is urgent and poses an immediate risk, it is generally the landlord's responsibility to make the repairs as soon as possible. In any case, it is important to communicate with your landlord and try to come to an agreement that works for both of you.
Regarding your second question, you should continue to pay rent during the time you are not living in the apartment. If you do not pay rent, your landlord may have grounds to evict you. If you are unable to live in the apartment due to repairs, you may be entitled to a rent abatement or reimbursement, but this will depend on the specific laws and regulations in your area. You should consult with a legal professional or tenant's rights organization for more information.
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Lisa dolley
Lisa dolley
Posts: 1


Posted On: 1/2/2024
Lisa dolley
Lisa dolley
Posts: 1
Hi there I have a question my husband and I rent an upstairs apartment in a house and two weeks ago on Dec 18th we had a major sewage flood in the downstairs apartment which there is no tenant living there thankfully. We notified the landlord the next morning and made him aware of this sewage flood and it took him almost two days to have it pumped out so we had to smell this for two days. Due to the result of the flood the furnace is not working nor the hot water tank is no longer working he told us he would have someone come in and have a look at them but it was getting close to Christmas now so it may be hard to do that.well.Christmas eve a gentleman come to the rental property and had a look at just the furnace had it running for a few days and it stopped working note we still have no hot water yet so I texted the landlord again telling him that it’s ridiculous it’s been almost a week now and still no hot water or heat he told me he called Enercare and they told him there backed up from the holidays they will schedule us soon we’ll I just got off the phone with Enercare and they tell me there was no phone call placed from our landlord nor does he even rent the hot water tank off them it’s now been two weeks without heat or hot water now yes we r behind on our rent which is why we think our landlord is doing this to us but according to the ltb even if ur behind on rent he should not be with holding these vital services from us so what should I do next I’m very angry and I believe have been very patient considering not to mention he hasn’t even ripped out the flooring or carpet etc nothing has been done so we r living with a terrible smell and mold and toxins we r breathing in and I’m highly allergic to mold so what should b my next step.
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Moderator
Moderator
Moderator
Posts: 4081


Posted On: 1/9/2024
Moderator
Moderator
Moderator
Posts: 4081
Hello There,

Thank you for sharing your situation and question with us. We can appreciate that you would be concerned about this situation.

You are correct, your landlord is responsible for maintaining the heat on their property. According to StepstoJustice's article, How much heat does my landlord have to provide?


No matter what type of heating equipment you have, your landlord must keep it working properly so it can keep your place warm enough. Usually this means at least 20°C from September to June.


[...]


If your landlord does not fix the problem, you can call your local property standards or by-law department, or your town or city hall, municipal office, or local councillor. Many cities, towns, and other municipalities have inspectors who can order your landlord to fix the heating problem. If an inspector makes an order, you should ask for a copy of it.



You may also find helpful information in their article, Can my landlord cut off electricity or other utilities? and their compiled list of Legal Services in Ontario for Repairs and Maintenance.



It may be best that you contact the nearest Community Legal Clinic for some advice regarding your situation. The Landlord and Tenant Board is also a good resource that can be reached at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board helps resolve disputes between residential landlords and tenants.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team
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