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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I would like your advice in how to terminate a lease. I

Customer Question

I would like your advice in how to terminate a lease.
I signed a 2-year ease for a rental house effective March 1. Damage deposit and rent has been paid.
We did a move-in inspection at which time a thorough cleaning was promised to among other things clean bugs and dirt out of blinds, eliminate can extensive amount of construction dust and remove a moldy shower curtain. A handyman and plumber was also promised to fix a few things including fix loose wall tiles in master bathroom, and secure a rickety stand alone tub faucet beside the loose tiles, etc
It is March 10 and we have not yet moved in. Why?
1.Moldy shower curtain is still there hanging in master bathroom shower. I think there is also mold on the window and skylight blinds as I look around.
2.Handyman has said he can fix a few things but not others including loose master bathroom tiles because they cover on/off taps. Yet they also bring in an odor from behind the walls...
He says he cannot fix the rickety stand alone tub fawcett.
3. I brought in a plumber who says the rickety stand alone faucet and loose tiles in the walls reveal a potential plumbing issue that might affect the entire house. There may be moisture behind the walls going all the way down to the basement.
3, The house is not clean of the construction dust, and I think there is a health hazard. The REMAX property manager said that workers cut roof tiles in the house instead of outside and this is the origin of the dust. There is concrete dust in the air throughout. It has not been removed and the ventilation is not adequate to do so. I have opened every window.
Also, the basement has a layer of dust on the floor after 2 apparent cleanings. REMAX has asked me to supervise the cleaners on Friday.
But meanwhile after 10 days, I cannot bring dogs or exercise equipment to the basement, or move into the house.
I began to cough after one prolonged visit to the premises and I cannot get rid of the cough.
I lie awake coughing where I am currently living because I have not moved into the rental house.
Although I have opened every window, there is not adequate ventilation to get rid of the concrete dust. Apparently this is where the dust originated.
So how can I terminate this agreement? I do not mind a penalty if I have to have one.
Things were promised on inspection that have not happened and can not happen.
But perhaps there is a 30 or 60 day grace period?
The fact i, I think I have discovered a mold issue, a water issue, as still trying to deal with a construction dust issue, and am constantly coughing. Is this any place to bring a child and dogs?
Look forward to your assistance. Many thanks.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Have you spoken to the owner?

Does ReMax understand the place is not fit for habitation?

Customer: replied 1 year ago.
I terminated the lease on my own
without your help.Sent from my iPhone
Expert:  Debra replied 1 year ago.

Thanks for letting me know.