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e2e5 Posts: 2
Posted On: 2/1/2023
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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 Posts: 3
Posted On: 2/6/2023
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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 Posts: 4003
Posted On: 2/28/2023
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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 Posts: 4003
Posted On: 2/28/2023
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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 Posts: 2
Posted On: 4/11/2023
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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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