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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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I just moved into an apartment 3 weeks ago only to find out

Customer Question

I just moved into an apartment 3 weeks ago only to find out they have bed bugs all through the building. How can I get out of the lease and get my deposit back? Also is it the landlord responsibility to pay for my hotel whil they are treating it?
Submitted: 9 months ago.
Category: Canada Law
Customer: replied 9 months ago.
The management company says they will put a report into the credit Breuer if I move out and hold me liable for the 1 yr lease. Unless they are treating the whole building I do not see how they can say they can solve this problem. They are going to treat my suite on Monday but refuse to pay for me and my pets to stay at a hotel. I want out of here ASAP
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

I am sorry to hear this.

What province are you in please?

How you do know there are bed bugs throughout the entire building?

Customer: replied 9 months ago.
Alberta. Because they are on the walls in the hallway.
Expert:  Debra replied 9 months ago.

Your landlord is responsible to maintain the premises and this includes treatment for pests.

But just because you have these pests does not mean that the landlord is responsible to pay you damages. Rather a court would consider whether the landlord's response to being informed of these pests is a reasonable one. If the response is reasonable then there likely will be no award of damages.

In your case if you can show that the landlord has neglected the situation and has known about the bed bug problem and not dealt with it or if you can show that doing your unit is not good enough then at the least you will be entitled to damages.

That could include a rent abatement and damages for inconvenience as well as for any out of pocket expenses you incur.

If the landlord does not take the needed steps to get rid of this pest problem then it is most likely the case that the court or the dispute resolution branch would find that the lease is at an end given the landlord breached it by failing to comply with its duties owed to you.

So what would make the most sense here is first to wait and see if the landlord does what is needed and if not then have a lawyer write the landlord a letter demanding a refund of rent paid, payment for moving expenses and an acknowledgement that the lease is at an end.

Does that help as a starting point?

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