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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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HI, i live in Newfoundland canada and i have a question about

Resolved Question:

HI,
i live in Newfoundland canada and i have a question about tenant and landord question.
My wife has Health problem becuase of air quality issues in the appartment and would like to break the lease. would be that possible?
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Can this be rectified in your view?

Have you told the landlord about your concerns?
Customer: replied 6 months ago.

I have told him that i am moving to another apartment and we are in search of a new tenant but no luck yet. i lived in the apartment for one year and one month now and the doctor has advised us to find another apartment

Expert:  Legal Ease replied 6 months ago.
In most cases you cannot breach a contract.

So in this case you will want to argue that the landlord breached his contract with you by failing to provide you with a home fit for habitation because of the air quality.

However, if this ends up in Court it is likely the case that the landlord could successfully argue that you were first obliged to provide the landlord with written notice that the air quality issue needed to be addressed.

And you would need to give him an opportunity to do so.

If that didn't happy the Court may not consider you evidence as sufficient to warrant breaching the lease.

At the same time the landlord is now required to mitigate damages and he must take all steps possible to find a new tenant. If he does not then he will not be able to sue you successfully.

If he does take all possible steps then you will be on the hook until he finds a new tenant.

Let me know if you need any further clarification.
Customer: replied 6 months ago.

do i have the right to refuse to pay him until he finds new tenant?


i have told him before three times about the air quality problem but he refused to fix it.


 

Expert:  Legal Ease replied 6 months ago.
You can take the position that he refused to fix the problem and the place was not fit for habitation and he breached the lease and you are not paying.

Let him take you to court to seek the rent and you can try and fight him.
Customer: replied 6 months ago.

i didnot give him a written notice about the problem but i told him verbaly three times would be this enough?

Expert:  Legal Ease replied 6 months ago.
It's not ideal but you can still provide this evidence in court.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 84108
Experience: Lawyer
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