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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100370
Experience:  Lawyer
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We currently live in a "secured" building but for the last

Customer Question

We currently live in a "secured" building but for the last 6weeks out security doors have not been secure and anyone could enter our building. We have had problems in the past with our underground parking with that not being secure people have been breaking into and trying to steal people's cars and now I'm concerned about our safety in our own apartment. They have been telling us for the last 6 weeks that they are getting fixed and they're still not. I'm just wondering if we are able to withhold our rent until this problem gets fixed? I've tried contacting the person in charge to find out information about the doors and so has my boyfriend but the lady in charge refuses to call us back.
Any information would be greatly appreciated, thank you.
Concerned mother
Submitted: 10 months ago.
Category: Canada Law
Expert:  DrLegal replied 10 months ago.

This is attorney Bill looking into your landlord-tenant question today.

All leases are subject to State legislation in relation landlord-tenant laws. There is a warranty of habitability implied into residential lease contracts which implies that the landlord must ensure that the building remain in a habitable state.

Considering that there is a security issue that you raised with building/ landlord that has of yet to be eradicated, the warranty of habitability does allow tenants to retain rent until the landlord makes good and puts the building back into a habitual state.

I'm not sure if you mentioned what State this relates to ?

Please follow up with additional information, nonetheless all States provide for a warrant of habitability, but there may be wording differences.




Follow up with me if you need more information, including the State that your question pertains to

Attorney Bill

Customer: replied 10 months ago.
We currently live in Hamilton, Ontario, Canada. They have just left us a letter on our door stating if we don't pay rent then they are going to evict us. What should we do?
Expert:  Debra replied 10 months ago.

Hello! My name is***** question has just been moved to the Canada law list. I will review it now and be back to you shortly.

Expert:  Debra replied 10 months 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. This includes the entire building what the problem affects you,

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. That is not the case here but it is good to know for the future.

Here's the number to call for more information: 1-***-***-**** in case you ever do need it.

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:

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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