Copperlaw : hi Cindy
Copperlaw : I am sorry that you are going through this
Copperlaw : Your insurance adjuster is correct, that the owner, if he has properly notified his own insurance company of the purposes of the property, and has adequately insured the property, he will be covered for loss of income.
Copperlaw : You are not expected to pay for your rent, for a property that cannot be occupied. Ultimately, you have a rental agreement, which requires you to pay rent, in exchange for the
Copperlaw : landlord providing you with a residence to occupy
Copperlaw : Through no fault of your own, this property is no longer able to be occupied or rented. Accordingly, the landlord cannot hold up his end of the agreement as the unit cannot be occupied
Copperlaw : Accordingly, he cannot hold you to pay rent based on an agreement that the cannot fulfill himself
Copperlaw : If he has other rental properties and can put you into one, then fine, but otherwise, the contract is frustrated and cannot be completed.
Copperlaw : No court would expect you to pay rent on a property that the landlord can't provide
Copperlaw : His demands are simply unreasonable. He needs to pursue his insurer to recoup his lost income
Copperlaw : Please let me know if you require anything further as I'm happy to discuss this further
Hello, thank you for your response, this is what I had believed but he (landlord)referred me to a site www.lawnow.org/after-the-flood-for-landlords-and-tenants-in-alberta/ on this site it indicates that the tenant is to continue paying rent and if the contract is deemed frustrated then the tenant is to provide notice and move. Is this true? For how can I move when I have no electricity, the building does not and will not have operational elevators for at least 8 weeks (I live on the 3rd floor)?
Copperlaw : Clearly you'll need to find alternative accommodations for at least the next two months. Who knows if the building will be clear by then. There may be significant mold issues. Who knows what will happen
Copperlaw : There is no way the contract can be fulfilled now.
Copperlaw : Again, the landlord should investigate whether he can be compensated for the loss of income.
Copperlaw : You're not the only one in this predicament. You've lost everything, and should not be expected to now pay out rent for a non existent residence
So do I understand correctly...he can not charge me rent for the days that I am unable to live in the residence? Can he evict me for not paying during this time, and if so, is he allowed to evict me without the use of an elevator to move my personal belongings from the 3rd floor of the building? Thank you, XXXXX XXXXX these are the last of my concerns.