How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Copperlaw Your Own Question

Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 1364
Experience:  Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.
38596469
Type Your Canada Law Question Here...
Copperlaw is online now
A new question is answered every 9 seconds

Our house was flooded during the recent floods in calgary,

Customer Question

Our house was flooded during the recent floods in calgary, leaving our basement suite unlivable (we rent). Even though we cannot live there until everything is repaired which could take months our landlord says we must pay rent? How are we supposed to afford paying rent at 2 houses... this cannot be right
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Copperlaw :

Hi There

Copperlaw :

You are correct. If the apartment is not habitable any longer and you cannot live there, you are not obligated to pay rent, as the landlord is incapable of holding up their end of the agreement, that being providing you with an apartment in which to reside.

Copperlaw :

In the case of highrise apartment buildings, this can be different, as if an apartment needs to be vacated for any reason as it is uninhabitable, there are typically other apartments in the building available for occupancy, and the rental agreement can continue to be fulfilled.

Copperlaw :

However in this case, being a house, there is no other apartment available for you and the contract between you and the landlord is incapable of being fulfilled.

Copperlaw :

The homeowner/landlord cannot profit from this to your detriment.

Customer:

In this case it is a 3 bedroom house in which 2 bedrooms are on the upper level and 1 in the basement. There 4 people residing in the residence. We are living in the basement suite in which was flooded and all of the damage is located. The floors and walls are all completely destroyed and after the carpet was lifted we realized the entire basement is full of black mold.

Copperlaw :

you now have to find other accommodations and pay for that, you certainly can't be expected to also continue to pay for an apartment that you cannot live in

Copperlaw :

If you have apartment insurance, you may be able to be compensated by the insurer, in that they may provide you with accommodations while your suite is repaired

Copperlaw :

The homeowner should also have insurance on the premises, and if the apartment is a legal rental suite, then they should be able to be compensated by their insurer

Customer:

well I have an apartment of my own that we can move into, and that was actually the plan prior to the flood. We were waiting until his lease was up sept 1 to move but now that the flood has occured it speeds it up. So we do have a place to live and he told his landlord we were moving out but she says we still have to pay rent until sept 1

Customer:

I just cant see how, I understand leases but with the basement being destroyed and us being unable to live there how can she expect us to keep paying

Copperlaw :

they should not be seeking to have you pay them for their loss of rental income, when you've lost your residence yourself

Customer:

that was my thinking!

Customer:

thank you!

Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 1364
Experience: Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.
Copperlaw and other Canada Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.