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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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Hope you can help. We entered a rental agreement condo in

Customer Question

Hello, hope you can help. We entered a rental agreement for a condo in the entertainment district, it's a stunning space in perfect location, fully furnished. We choose this spot not only for these reasons but also for the amenities of the condo building which was clearly stated on the MLS information: gum, party room rooftop pool. This all justified the $4100 per month we are paying, and paid a 6 month rental in full and in advance. Rental commenced 1 March 2016. We we informed at the time of signing that the pool is being finished should be done by 1 March and that the gum and party room is done. Well it's almost 5 months into our rental and none of the anemnities are finished and still under construction. Is there anything we can do? We were sold something that we paid a premium for and have not received this for almost 5 months now. We were mislead in the sale and would like to know our rights? Hope you can help? Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Who is the landlord? Is it the condo corporation or this unit owned by an individual who is renting it out?

What have you done so far, if anything, about this?

Customer: replied 1 year ago.
It's an individual owning the condo. We informed the landlords listing agent, who replied saying that it's commen for listing agents to list anemnities that's not yet completed an that people know that these anemnities are not always finished as there are a lot of building going on in the city. We then argued that these we clearly stated as extras with no mention that it all was under construction, to which they replied... If it was completed they would have charged $5100 and not the $4100 we are paying
Expert:  Debra replied 1 year ago.

That reply is nonsensical. They are essentially making up excuses that are not logical.

I suggest you send a letter to the landlord by registered mail and tell the landlord that while you appreciate that the amenities are beyond the landlord's control you are seeking a substantial abatement in your rent rent for the months you've already lived there and going forward and if that the landlord does not agree you will apply to the landlord and tenant board for an abatement of rent because the landlord is in breach of its lease.

You can decide how much money you feel you should receive back or you can tell the landlord that they can make an offer to you.

If that doesn't work then you should proceed to the landlord and tenant board for an order that the landlord provide you with the rent abatement because the landlord has failed to comply with the terms of the lease.

Does that help as a starting point?

Customer: replied 1 year ago.
Thank you for your reply, my biggest concern is that they feel they are "just" in what they "sold" and yes we feel ripped off, but more so I'm concerned that they are just getting away with it and that more renters would fall pray to this... Them blaming us for not knowing that "everyone knows that most buildings in Toronto are under construction", and then the "we would have charged more if it was completed" reply got me worked up... If so, then why state on the MLS that it's included. So I'm more trying to see if my reasoning is correct and if one can report them, specially the listing agent, which knew full well that they are selling what they don't yet have. From your reply I take it that one should first contact/inform the landlord before reporting them? It's the listing agent that I blame in this... Yes the landlord knew full well and did not stop it, but surely the listing agent has a greater responsibility to uphold the law and not lie?
Expert:  Debra replied 1 year ago.

The listing agent is the agent for the landlord. It is the landlord that unfortunately you have to blame.

Expert:  Debra replied 1 year ago.

I was just thinking about our conversation and have been wondering if you have thought of any further follow-up questions for me.

Customer: replied 1 year ago.
Hello, lovely to hear from you again. Why do you say it is the landlord to blame and not the listing agent?
You also said to report the landlord to the landlord and tenant board if he does not comply, what would that mean for the landlord?
Expert:  Debra replied 1 year ago.

The listing agent was not your agent. The listing agent was the agent for the landlord and legally the landlord is the one who is liable to you.

It is the same idea when a store does something wrong, for example. If an employee doesn't mop up a spill and you fall you sue the store and not the employee.

The landlord will have to give you back some of your rent and will have to charge lower rent until the amenities are there for you to use, as promised.