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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience:  Lawyer
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My basement flooded on March 16 and we informed the landlord

Customer Question

My basement flooded on March 16 and we informed the landlord the same day. it was just fixed yesterday, we moved out of the basement and everyone lived upstairs (2 bedroom). 2 people lived downstairs, so we moved them upstairs (5 of us all together in a 2 bedroom...upstairs). Anyway, it is still not finished, they have to install new flooring where the flood was. Landlord advised me not to have anyone stay there so we moved everything in the other room where the water didn't go. So basically, we couldn't use the entire basement, except the laundry room. She said she would deduct the rent and she did but only for 200$. Our rent is 1250$ a month, is that a reasonable deduction. This is a 4 bedroom apartment with a living room, 2 bathrooms. On top of that, when the floors were stripped to determine where the water was coming from, they didn't even bother to clean up, they just left all the discarded flooring and debris there, a couple of days later it started to smell like mold , so we took the initiative to do the clean up because no one was coming to clean.
JA: Is there anything else important you think the Landlord-Tenant Lawyer should know?
Customer: I'm guessing we won't be able to use the basement for nearly 8 weeks. She's is taking so much time to fix the problem.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Canada Law
Expert:  PhillipsEsq replied 1 year ago.
No, the amount of deduction is not reasonable. You should get at the very least 50% deduction because everyone who was living downstairs had to vacate. Secondly, you did the cleaning and not the contractors. So, at the very least, you are entitled to 50% reduction in your rent and you should make a written demand for that. If the Landlord ignores you or denies your request, you should file a Small Claim and let the Court decide. The Small Claim will be filed at your local Courthouse. You can obtain Small Claim forms at the Courthouse in the Clerk's office. You may also check the Court's website for the forms. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Expert:  Debra replied 1 year ago.
This question has been moved to the Canada law list. Please let me know what province you are in please.