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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99973
Experience:  Lawyer
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I am a condo owner but have the unit rented out. The unit

Customer Question

I am a condo owner but have the unit rented out. The unit above mine had a leak in the bathroom pipes over a significant amount of time which caused damage and mold in my unit's bathroom and bedroom closet. To fix this damage my tenant has to move out as the work is estimated to take 2-3 weeks and this is the only bathroom in the unit. The issue is who pays for the renter to stay somewhere else. My insurance says no, her tenant insurance says no and the strata says if it was me living there they would pay but not for a renter. I need help with this situation as my renter does not want to pay rent for the time that she is not in the unit so I lose that rent and also wants me to pay to put her up in another unit while the work gets completed, estimated loss of around $2500. This doesn't seem right to me. Please may I get some advise. Thank you. Shelley
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
The answer is that your are liable to your tenant. But, the owner of the unit above (or the strata if this was because of a fault with a common element) is liable to you.
It doesn't matter what anyone is telling you in terms of insurance. The law is clear.
So you will need to compensate your tenant and then sue the owner or strata.
But do s can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
But do speak to your insurers as generally they would cover you and then sue to recover the funds.

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