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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99981
Experience:  Lawyer
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I own a condo unit in British Columbia. There was a flood

Customer Question

I own a condo unit in British Columbia. There was a flood that occurred that emanated from an adjoining unit. The Strata called me to come and inspect my unit. When I called my tenant she said that there was no damage and there was no need for me to come. The Strata said it was my responsibility as a landlord to come and inspect the unit. Later, the Strata called a restoration company to inspect and some minor damage was found within the walls of the unit. They therefore installed some fans to dry the carpet and the walls and said they needed to be there for at least 7 days. The Restoration Company did not deem the unit uninhabitable. The tenant is saying that I owe her for loss of use of the unit as she cannot sleep with the noise of the fans and cannot sleep in her bed. She wants me to reimburse her rent. As I did not cause the flood, it was started by a faulty sprinkler, but I have taken all steps to mitigate the issue, and also called my insurer to see if they provide loss of use coverage and am now waiting to hear back. My question is, am I liable to give her a reduction in rent? Than you
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
The repair process will take a few weeks and the Tenant has threatened not to allow repair people in the unit. This is against Strata :Policy and they will be forced to break down the door if she does not let them in.
Expert:  Debra replied 1 year ago.

Don't you have a key to the unit?

Customer: replied 1 year ago.
I do.
Customer: replied 1 year ago.
i have already returned her damage deposit and paid 100 in moving costs for her to leave January 31. However, I am wondering if she impedes the repair process could I evict her earlier and would I be liable for a reduction in rent.
Expert:  Debra replied 1 year ago.

I didn't realize that I was helping you on two different posts.

You should open the door. It certainly should not be broken down but she cannot stop the from entering.

You can try and evict her earlier but you will need to apply for an emergency order. It may be best to retain a lawyer at this point.

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