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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99978
Experience:  Lawyer
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We signed a two year lease just under a year ago and we feel

Customer Question

We signed a two year lease just under a year ago and we feel that our tenant rights have been violated by our landlord numerous times. We live around Broadview and Gerrard as a point of reference to our apartment's location. We have multiple issues that have needed repaired since we first took over the apartment that have not yet been repaired (leaky roof that has caused the bathroom to deteriorate with potential mold growing in the walls, faulty wiring and numerous power outages due to a poor configuration splitting the lines between the other units in the building and a faulty furnace that has caused the temp to drop below 20c in a heat included unit). We have a 4 month old baby in the house and we fear for her health and safety, as well as our own. We have also encountered various forms of aggressive communication from the property owner regarding their neglect to their property causing us distress. They have previously offered to shorten our contract twice but when we demanded to be let out of our lease at the one year mark we have now been threatened with legal action. Do we have a case against our landlord if this goes to court or should we try to settle?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Have you given him requests in writing to make the repairs?

Customer: replied 1 year ago.
We have emails that go back numerous months requesting repairs to the bathroom/roof as this was an issue that started before we moved in. We requested to have that repair a condition of the lease but were assured that it would be fixed before we moved in. We have emails detailing our problems the heat and electricity as well.
Expert:  Debra replied 1 year ago.

In Ontario that laws that protects tenants is the Residential Tenancies Act.

The Act provides that it's the Landlord's responsibility to keep the home in good repair.

You may not withhold rent but have other options available to you. Before you exercise these options you have to make your requests to the Landlord in writing.

After that one option is to call the government agency that enforces housing by-laws and regulations if you feel these are being breached.

Here's the number to call for more information: 1-***-***-****.

At the same time you can file a complaint with the Landlord Tenant Board.

Here is a link to the form you will need to do this:

You will note that on this form you can ask for a rent abatement, or to pay some of the rent to the Board until the repairs are done. You can also ask to do the repairs and get paid back or have the landlord do them.

If the place is beyond repair or if the repairs cannot be done for some time or if the landlord simply refuses to do the adequately then it may be possible for the Board or the Court to say the landlord has breached the tenancy agreement, it is over, and the landlord may then even have to pay for the move and if you find a comparable home that is more expensive he may have to pay for the increase in rent for a year.

Customer: replied 1 year ago.
Thanks for the info. If they have already offered to let us out of our lease for Jan 1 (in writing) opposed to our request of 12/1, would they be able to take us to court for the full lease term or only for the Jan 1 date?
Expert:  Debra replied 1 year ago.

For the full time given this terrible living situation.

I keep thinking of you baby!

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