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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96432
Experience:  Lawyer
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We had a leak from our washer while it wasn't on use. Water

Customer Question

Hi there,
We had a leak from our washer while it wasn't on use. Water spread in a small portion of our hardwood floor and it has to be removed. The leak went in the unit below with some damages. The corporation is telling us that they will fix then charge us. Can they do that? It stated in the lease we were supposed to get insurance before entering but they didn't check if we had insurance or not.
Another thing is the family in unit below is telling us to pay them for two months rent, electricity, includes Bell(phone&cable), the fact of them missing work because they both had to stay home to show the unit to their insurance company. What is our responsibility? The housing corporation? Since we all should have insurance for the unit.
Regards
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

When you signed your lease did you agree that they could decide who makes repairs when you cause damage?

Are you hoping that you can hire someone to do the repairs so it may cost last? Is that your concern?

Customer: replied 1 month ago.
We didn't agree on anything. It only stated that we should have insurance
Customer: replied 1 month ago.
The housing has their insurance that covered everything but we the tenants should have insurance too. But they did not check if we have insurance or not before entering the unit. Partial fault or ours? The unit below which is claiming an amount to he paid in 5 days if not they will bring it to court. How are we paying their rent, electricity and cable and the fact of them not going to work? Hows our fault
Expert:  Legal Ease replied 1 month ago.
Whether one has insurance or not it really isn't issue.The fact is that even if the unit below you does have insurance they do not have to put through the insurance company. And, if they did their insurance company would go after you. The reason why is that you are at fault and so you are liable to the unit below.However, if you have insurance your insurance may cover you for this.Does that clarify how the law works?I know that this is not what you wanted to hear but of course you need the correct answer.Please feel free to post back with any follow-up questions you may have. If you do not have any follow-up questions then I hope that you feel that I have earned a five star rating however, if you do not believe that I have so far yet earned this rating please do not hesitate to post back and let me know how I can better assist you. Finally, please know that I will always be here for you and that even after you rate me you can still post further follow-up questions later on at no further charge.
Customer: replied 1 month ago.
How are we responsible for the fact that they want us to pay an amount of rents, cable and the fact of them not going to work
Customer: replied 1 month ago.
Which we are responsible of, like they can still pay rent and so on right?
Expert:  Legal Ease replied 1 month ago.
You are responsible to put them in the position that they would have been in had this not happened.So, if they have to move out and rent elsewhere then you are liable for all the extra costs if they will incur any in so doing. If they are simply being greedy then a court would not find you liable for those extra cost. It depends on the facts. They would have to prove to the court that these extra costs were because of this incident.

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