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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96430
Experience:  Lawyer
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, Here is my question,
, I just moved from my

Customer Question

Hi Pearl,
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Here is my question,
JA: Please give me a bit more information, so we can help you best.
Customer: I just moved from my previous rental apartment a little more than a month before my moving date due to my wife's medical condition. She has a critical illness and needed a quiet place with no pot smoking etc. We still have some things in the old apartment, I stay there sometimes because is closer to one of the sites where I work. Would it be legally possible to get the property owner to reimburse all or part of our last month's rent for compassionate reasons?
JA: OK. The Lawyer will need to help you with this. Is there anything else important you think the Lawyer should know?
Customer: That's it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

Are you saying you moved out early because of the pot smoking?

Did you complain to the landlord about this problem?

Customer: replied 9 months ago.
we did. However nothing was done. Pot smoking, mould,poor maintenance etc.
Expert:  Legal Ease replied 9 months ago.

Then this is not about compassionate reasons which have no legal basis but in fact it is about your right.

Your landlord failed to comply with his legal obligations and you had to move out.

The rent should be given back for that reason and in fact you should seek a further rent abatement since you could not enjoy your premises.

But you should remove all your items from the premises now.

Customer: replied 9 months ago.
Hi,
You are telling me a lawyer will need to help me with this. I thought I was speaking to a legal expert. So far, I have not received any answer from you. Would you please clarify?
Expert:  Legal Ease replied 9 months ago.

To be blunt, I am quite puzzled by your response.

First, I never said to retain a lawyer. Secondly, you very well may need a lawyer but I am certainly not your lawyer. I'm practicing lawyer who provides basic legal information online. I do not act for you I do not go to the landlord tenant board for the court for you. And if I were to be able to do that then it would not be for the fee you paid the site which I get a fraction of. Rather, you would have to pay regular legal fees.

But most importantly, I did provide you with an answer. I said that you were entitled to get some rent back and that in fact you can get more than what you just paid for this past month. I said that because you complained about the pot smoking and the landlord did not deal with it he did not fulfill his legal obligation to you and that you should seek a rent abatement. Of course, I'm not the person to seek it for you. That is unrealistic and unfair.

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