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I rented a brand new house to a couple with one year term in…

I rented a brand new...
I rented a brand new house to a couple with one year term in May 2015. The signed written lease expired in June 30 2016. After that the expired lease has not been formally renewed but one rent increase was applied on Dec.1, 2017. The lease specified “As consideration for this agreement, OWNER agrees to rent/lease to RESIDENT and RESIDENT agrees to rent/lease from OWNER for use solely as a private residence, the premises located at xxx in the city of Winnipeg, Manitoba, Postal Code XXX”.The tenant offered to purchase my property with a price much lower than market value after moving in. I refused him and told him clearly that we are not planning to sell the property in the near future. Since then the landlord –tenant relationship became abnormal and he acted very unreasonably.Since this is new home and no landscaping was done since I took possession. In 2017, I hired professional to do the backyard landscaping. The top soils were put but the tenant refused to let us to use the water of the house for watering the sodding. I offered to compensate him additional water bill during the initial establishment period but he still refused. So I had to stop to put the sodding in 2017. This year the weeds in the backyard are out of control, some weeds are as high as 1 meter and looks poisonous and very invasive. I reported this dispute to MB RTB and one offer told me that I can proceed to the landscaping ask the tenant to give access to the water, otherwise I can file a claim against him. So I have to take actions to control the weeds. Three people spent two days (August 5th and 6th, 2018) to take out the big weeds. Without the knowledge of the Roundup is restricted to be used in Manitoba, I applied roundup to the weeds out of the fear of the potential poison and invasiveness of the out of control weeds.The tenant wrote to me August 7, 2018“My family and my colleagues are all entirely unwilling to be exposed to the toxin you have applied at 1635 Chancellor due to the well-documented risks that Roundup presents to human beings and other organisms.To be safe, we will be staying and working elsewhere for at least the next 60 days for living and work purposes to allow the concentrations of this cancer-causing neurotoxic compound to lessen in the yard and house (our windows appear to have been open when the compound was applied).In the interim, I will ensure that the property is monitored and one of either our family our my staff will stop by the property every day or two to ensure that the property is not left vacant for insurance and other purposes.I am holding you fully accountable for all of the costs for temporarily relocating our family and my business, for lost opportunity costs associated with these moves, and for rentals of other locations as required for the next 60 days.The Residential Tenancies Branch has advised me to bring a claim against you for all of the residential and moving-related costs and to handle the business moving costs and other losses through civil court.Please immediately return the August rent paid to you and confirm that you waive rent for August and September 2018 as a first step in addressing your responsibilities for the multiple kinds of harm your actions have caused us in this situation.”My questions are:1. What should I do regarding the tenant’s possible claim or lawsuit?
2. What legal measures should I take to terminate the lease?Below is what I found in the MB government website regarding the use of pesticides in MB:6. What are the exemptions? You will still be allowed to use prescribed pesticides that are not on the allowable list for the following purposes:  To destroy poisonous plants such as poison ivy, poison sumac, and giant hogweed, as well as invasive plant species.
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Answered in 27 minutes by:
8/8/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,084
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I didn't realize that you had posted twice.

I can ask the site to close one of the posts once I hear if you wish to go ahead.

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Were some of the weeds poisonous?

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Customer reply replied 13 days ago
Can't tell for sure as I am not able to identify the weeds. But I took one photo of the weeds.

First, if they don't pay the rent then that is grounds for eviction. They have every right to seek an order for a rent abatement and for damages but they most assuredly do not have the right to withhold rent. So you can evict them if they don't pay the rent. I don't see other grounds now.

You cannot avoid their bringing a claim against you but the way to defend would be to tell the story. These people are to a large extent the author of their own misfortune. You wanted to make the yard right and they said no. They situation got out of control.

You should try and have the weeds identified and if they are poisonous you will be fine.

If not they will be entitled to some damages but 60 days is excessive. In fact, when this substance was legal the rule was stay off the grass with kids for 2 days. They will not be able to prove danger longer than that and in fact who on earth moves out from their home if their yard is sprayed with weeds? You just don't go on the grass. And how could they have been using the yard anyway in the state they let it get into?

Does that help?

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.

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Customer reply replied 13 days ago
Thanks for the answer. Does he has ground to claim the cost to relocating his business? As I mentioned the lease specify that the property is only for private residence? I emaild him this morning with this content "Hi Aaron,Got your email. I will not be responsible for the cost of your own relocating.Just realized that you are still doing business in 1635 Chancellor. Please be noted again that the lease for***** is only for you and your family members' residential use. It is not for business or any other use. Any use other than the specified use in the lease should be stopped.". Is this response OK and should I respond him directly further? Thanks.

No he sure does not have the right to be reimbursed. He is greedy and ridiculous and totally unrealistic.

You can respond or ignore him.

Or if you think he is going to cause you problems have a lawyer respond.

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Customer reply replied 13 days ago
The tenant claimed that the "Residential business use was fundamental to our rental of the home and you knew this from the outset". Does his claim valid? The only binding legal document is the expired lease which specified it is solely as a private residence. I once told him I was just keeping a blind eye but never agreed he can do business in the property in writing. I am satisfied so far and will rate you later. Thanks.

If you said he can carry on business then you cannot renege now. But still he doesn't have to stop business because of some weed killer.

Debra
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Category: Canada Law
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Customer reply replied 12 days ago
Can I ask the tenant to stop the business use of the property? Thanks/

Not if you agreed that they could run the business from their home.

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Customer reply replied 12 days ago
This is what I said in writing regarding his business "If you look at the lease contract, it specifies that the lease of the property is "for use solely as a private residence". You use it as your business place was your choice. I kept a blind eye for it was solely doing a favour for you.".

So you are saying you turned a blind eye but never verbally agreed to let him do this?

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Customer reply replied 12 days ago
No. I never agreed to let him do this, just did not stop him.

Then you can stop him now.

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