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)?
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.
Given the rarity of the current situation going on in your area, the landlord tenant boards are having to deal with issues that they've never dealt with before, and on a massive scale.
Legally, the contract is nullified by the fact that there is no longer a rental property. Therefore, no court is going to make you pay for something you cannot use, through no fault of your own, when the landlord should have appropriate insurance to cover him/her.
Your property is yours, and you have every right to it. The landlord cannot dispose of it, and cannot refuse you access to it, except in accordance with any government Orders barring entry to the premises for health or safety concerns.
I would consult with your local landlord tenant board/tribunal office to determine how they are even handling these situations now, seeing as it affects so many tenants and landlords. They may not even have established or finalized their own protocols yet for how to deal with such situations.
This entire situation creates issues which have never been dealt with in most areas and as such, are not specifically afforded for in legislation.
It could be successfully argued that the residential tenancies Act no longer applies since there is no longer a rental property and the tenancy agreement is now frustrated or void. The laws of contracts would say that the one party (landlord) is incapable of satisfying the contract and as such, it is void and the other party need not continue to honour it.
Ultimately, you need to find new accommodations. You cannot do that if you are paying rent for a property you can no longer occupy. This is simply not reasonable.
So I noticed yesterday that my landlord tried to deposit my july rent chq but I had issued a stop pymt on it so the funds went out of my account and back in same day. Later yesterday I was updated by our condo blog that the first initial time line indicated a minimum of 2 months before residents may be able to move back in!
What do I do if he issues an eviction notice because I am refusing to pay rent on a condo that is uninhabitable at this time? Can he be entering the condo without providing me with notice? How can I move my furniture and belongings without an elevator? I`m concerned that he will change the locks and withhold or sell my belongings!