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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2016
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Our house was flooded during the recent floods in calgary,

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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

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!

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