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When we first moved into our apartment on Oct 1st 2014 there…

Customer Question
When we first moved...

When we first moved into our apartment on Oct 1st 2014 there was a leak from 2nd floor

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I told the supers that I'm having trouble breathing, then we just had another leak again from the 2nd floor in their bathroom behind their mirror.

Submitted: 4 months ago.Category: Canada Law
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Answered in 1 minute by:
12/8/2017
Lawyer: Lorens35,
 replied 4 months ago
Lorens35
Category: Canada Law
Satisfied Customers: 37,334
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
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Lawyer: Lorens35,
 replied 4 months ago
I am sorry to hear of your trouble with the landlord, but I have information which will be useful to you.Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.
If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.
A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.
You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.
Make sure you have photos and a written record of the damages and your request for repairs.
If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Customer reply replied 4 months ago
I just had a leak on Nov 24 again from the second floor, the super came to my door and said that a plumber is on his way,
Then came back and said the plumber has fixed the leak, I asked him what about my floor in the hallway, he said I don't know and walked away.
I have been telling them that there is a mold problem, I'm having a hard time breathing.
The super came in and checked the wall where the trim was and said see there is no mold.
Customer reply replied 4 months ago
the building is in London,ON on Wonderland Rd South
Lawyer: Lorens35,
 replied 4 months ago
It was posted in a US category. I will opt out for a Canadian expert.
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Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,946
Experience: Lawyer
Verified

I am a lawyer in Ontario and happy to help. Would you like for me to continue?

If so can you let me know if you have made requests to the landlord in writing?

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