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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98526
Experience:  Lawyer
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Hi, We are renting an attached house that got flooded during

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We are renting an attached house that got flooded during the June floods. The fully developed basement has been all damaged. I strongly helped during the demolition/removal of soaked walls and carpets, as a matter of fact, I did most of the work myself in a desire to get back to normal as soon as possible.
It has been 4 months since it happened and the basement is still undeveloped and also missing insulation. The rent is however still as it was prior to the flood.
I feel I am paying a full rent for a place that I am not able to use completely as it was stated when the contract was signed.
I would like to ask my landlord for a rent deduction, but I would like to avoid to offend him with a totally inappropriate request.
Thanks in advance for your advice.

Debra :

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.

Debra :

That is a completely acceptable request and frankly the landlord should have offered it.

Debra :

You are not at this point getting what you paid for.

Debra :

The landlord likely can put this through insurance but even if he cannot that's not your concern.

Debra :

You are entitled to be given what you are paying for and if that is not possible you should most assuredly be paying less.

Debra :

You are entitled to a rent abatement from the time of the flood until the time the basement is back in proper usable condition.

Debra :

Let me know if you need any further clarification.


I think the response is pretty clear. I feel pretty comfortable to request a rent adjustment until the basement is repaired.

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