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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99431
Experience:  Lawyer
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My son from Rocky Mountain House, Alberta is attending

Customer Question

My son from Rocky Mountain House, Alberta is attending college in Vancouver this fall. Having difficulty finding a place, he finally found a newly renovated suite at the Lotus hotel as they have changed all their rooms into suites. Rent is $995 per month and he has signed a 1 year contract (he saw photos of a similar renovated suite on the website but never went there prior to signing due to the distance) He is now there in this tiny 180 sq ft suite and has noticed cockroaches in his suite. Is there any way to break this 1 year contract?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying he was told he was getting a unit that was one of the renovated ones in the building but then that was not the case?

Customer: replied 1 year ago.
He did get a renovated suite, however there was no actual picture of his suite on the web, just one that was similar. He was told that the suites were between 200 and 250 sq. ft.. When we got there he showed us the suite. I was surprised how small it was and asked him what the square footage was to which he replied 180 sq. ft.
Customer: replied 1 year ago.
Thank you.
Expert:  Debra replied 1 year ago.

Did he ask to be switched to a larger suite?

Has he asked to have a comparable situation addressed?

Customer: replied 1 year ago.
The only other suites available were furnished suites for $1,295.00 per month. When I voiced my my concern over the size, he said he had offered a furnished suite but he wanted unfurnished, and this was the only one available. (My son had already signed the contract via e-mail and had sent a mail order for the damage deposit and brought with him a money order for the 1st month's rent).
Expert:  Debra replied 1 year ago.

Your son was essentially tricked into signing the lease. The pictures that he was shown enticed him to sign the lease but he is not at all getting what he thought he was getting. This is essentially a material misrepresentation.

I suggest your son consult with a lawyer in Vancouver and pay the lawyer a small fee to send the landlord a letter threatening a lawsuit. In fact, he may be able to get a law student at the student run legal clinic to send a letter for him if he is going to call at you BC.

Otherwise, he can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. He will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

(###) ###-####or 1.***-***-****.

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