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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98939
Experience:  Lawyer
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I completed a rental agreement apartment. I got the

Customer Question

I completed a rental agreement for an apartment. I got the keys, went to clean it before moving in and found cock roaches in the cupboards. I called the property management and they sent over a fumigator. I am still freaking out and don't want to move in. My lease start date was May 1st. I want out. Now, I have spoken to other people and they have said that that apartment has always been a problem in the building. How do i break my 1 year lease. I have not moved in. I don't want to. I can't.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Have you inspected the apartment since is was fumigated?What province is this please?
Customer: replied 2 years ago.
When I got the keys on May 1st, I went there to clean, and noticed cock roaches. I have not been back because I have heard thru other tenants in the building that the cock roaches in that unit are a problem.
I don't want to move my stuff in or go back.It is Ottawa, Ontario
Expert:  Debra replied 2 years ago.
Have you told the landlord you want to get out of the lease?
Customer: replied 2 years ago.
Not yet. I am going to today.
Customer: replied 2 years ago.
Should I do a formal letter? What should i put in it?
Expert:  Debra replied 2 years ago.
Unfortunately, you aren't going to like the law in this area.
The law is that the only way you would be able to get out of this lease (aside from the landlord agreeing) is if you can show that your landlord breached the lease.
To show this you will have to prove that the landlord failed to take reasonable steps to deal with the pest problem. So, it would be better for you if you can show that the cockroaches are still a problem.
However, there is one other possibility. If you can show that the landlord knew full well that there was a cockroach problem in the unit but failed to advise you of this and address it, but rather held the unit out to be fit for habitation then it is possible that the landlord tenant board, or a court, would set the lease aside on the basis of this material misrepresentation.
You should absolutely put any requests or demands to the landlord in writing, as this is a prerequisite for the landlord tenant board and the court.

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