| Landlord/Tenant Dispute - advice please.
Posted: 5/22/2007 9:57:59 PM | I moved into my place a little less than 1 1/2 mths ago and it got flooded with the rain this weekend. Considering the water is underneath the cupboards and bathroom floor, I'm fairly certain there is going to be black mold. Not only that, but the stench is unbearable, I gagged going in to grab some things today. My landlord is only agreeing to clean the carpets. I told her that this in unacceptable and I'm moving out but she is refusing to give me my damage deposit back!
Another point- I have as of yet to recieve my copy of the rental agreement.
I can't afford to lose that money, and I can't live in my own home. Does anyone have some advice for me? | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/22/2007 10:31:53 PM | | Take the landlord to court, and take many pictures of EVERYTHING. As for the rental agreement, you should have gotten a copy at signing. Seems odd the landlord didnt give you a copy. I would bet you this is a shady landlord. Take him/her to court, and make them pay threw the nose. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/22/2007 10:45:36 PM | Contact your local Health Board... they will come in and do a thorough investigation with air quality tests, and will take tape and/or pieces of drywall (or cupboard) for identification of any harmful matter present. They will take MANY pictures, and give a VERY detailed report.
Free of charge.
Your landlord won't have a leg to stand on. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/22/2007 10:46:22 PM | | Don't foget to add....the walls are paper thin...you can hear the cat upstairs walking around ! This is the second time water has gotten in ( and lord knows this is NOT the hardest rain we're going to get hit with this year ) ....and it is full of bees, beetles, flying ants and centipedes !!!! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 12:04:49 AM | Hi,
IYour description of your situation sounds very similar to the house and landlord that I had one year ago in Edmonton (but this was a "lord", not a "lady"). The basement apartments in his four-unit house had bad concrete, flooded and had mildew. They changed tenants quite frequently. I lived above this and had other issues with him:
1. Landlord refused to return part of my damage deposit. He claimed that I paid my rent late (nonsense) and damaged his apartment (it was already pretty damaged). I took him to the Landlord and Tenant's Board (LTB) and got my deposit back, in addition to expenses. Your case is very simple: the unhealthy conditions in the apartment critically prevent you from inhabiting the domicile.
2. Landlord allowed his dog to profusely do the unmentionable in the internal corridors of the apartment building in addition to closely around the building. He frequently refused to clean it up. I called the Health Board, they sent an inspector, and I took photos. He was apparently fined for health code violations. In your cases, there are clearly health and building code violations. Do like I did.
3. Landlord took is sweet time to provide a copy of the lease, but finally did upon my insisting. Of course you have a right to a rental agreement, especially if you paid a deposit! Get a hearing with the LTB.
I now have a very nice l;andlord. But the evil ones s**t their pants when they receive a summons to the LTB. But: document everything: all the little notes that your landlady sends you, all of your rental deposit receipts, all of the correspondence that you've had with authorities, and so forth. Try leaving notes on the door of your landlady, so as to trick her into wiritng back to you (more documentation).
Good luck and be persistent
G. U. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 3:55:55 AM | Hey, when i first moved to Calgary I rented aplace that seemd Ok, a couple months later I was really really sick ALL the time.... saw mold growing on my walls, washed it down with bleach and 2 weeks later, it was back.. I phoned the landlord, they didnt seem to care. i said, well ive been doing some research and there are 5 types of mold, one of which is black mold which is TOXIC... you know, the kind that they shut down a wing of the Peter lougheed hospital for. They said What??? I said it was on the news a while back..... then i said i was thinking of p[honing the health region to come take look for me and test it cuz im getting really sick all the time..... the next day they came over said if i could move out in 1 week i would get my damage back..... I got Cash back
amazing what the words "Calgary Health region" can do lol!
Good luck! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 9:43:27 AM | Call 211 and get put through to "Environmental Health" - then ask for Ivan... he's great!
The landlord needs to fix the problem. The city will give them a certain amount of time to accomplish this, and if they don't then the city will deal with your landlord. Fines, doing the work themselves and charging the landlord etc. You don't need to take the landlord to court.
Taking pics is always a good idea, and if you have digital you can email them to the city.
Good luck! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 11:39:07 AM | Go straight to the source, if the landlord isn't budging, go around them, and you dont have to personally sue the landlord or anything like that, get a private inspector or call the people helper at the news station, the stuff other people said,
i find it harsh the rental conditions in this province, (although most peoples rent isn't 60% of their wages which is acceptable by law i heard) But thats not what this is about, i just find it funny, and dont take offense OP, but so many people are sucking slewwater cause of the situation out there, but what i don't get is how so many people just take what their landlord say and never try to review or fight it, i mean seriously, in a situation like this one, whose got who bent over? maybe your both bent over the same barrell? Know the law, and your right's and don't take just because the landlord said it, thats its at face value, i know so many people who where getting screwed n such, and when they finally went above the landlord, the landlord was the one who got bumped down a peg. im not saying the situation doesnt suck, but being neive and just taking what they tell you only makes the problem worse!
And im not say the OP is being neive, sounds like slummy landlord, get the press, who wants bad press? | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 7:36:11 PM | | I'm attempting to get a hold of LTB as well as a health inspector. But with work I never seem to catch them. Tomorrow I have the day off and will be on the phone first thing. Thanks for the advice and the hope guys! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 8:22:42 PM | #1 - If your landlord did not do a walk-through with you, then she cannot withold your damage deposit. If she DID do a walk-through then you will have your proof that YOU did not damage anything as surely it will not state 'floating cupboards' in the walkthrough.
#2 - A succinct, well-written letter can do wonders. Quote sections from the landlord/tenant act as well as the fines for landlords who are found in breach of each section.
#3 - Inform the health board ASAP. If they find the residence uninhabitable, the landlord will have to foot the bill for your relocation to a hotel until the problem is either resolved, or you find another home.
Don't get discouraged. Almost everyone will tell you that you won't win, but you can. I did. Need help writing the letter, let me know... mine worked wonders and I had my damage deposit in my possession within the required 10 days (not business days) and I got out of my lease without legal action and with minimal work on my part... sound smart and it scares the he11 out of the dimwits out there :)
Good luck! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 8:24:06 PM | LTB - will tell you pretty much what you've heard here. If you call them tho... they will keep record of your call. Make sure you document who you talked to. If push comes to shove you need to do EXACTLY what they advise tho or it can be held against you!
Careful, because they may advise you to move, and come after that landlord later. If that's not something you're prepared to do right now then you need to be careful. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/23/2007 9:06:57 PM | | Oh, I'm definitely moving. The place stinks like wet carpet and that musty, stale smell. I haven't even slept there the last few days. And its raining again tonight. I'll have to check the place again tomorrow. Most of my stuff is off the floor already though. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 1:50:52 PM | Hi there tacitta,
I'm actually a landlord andI have a few suggestions for you.
Lot's of great advice so far, document document document! (That means pictures too)
First of all, the BEST way to get non legal advice is to call the Landlord and Tenant Advisory board.
I don't know if we're alowed to post phone numbers in this forum, so if you can't look it up in your phone book, msg me and I'll give you the number.
It's a little known fact that you can actually WITHOLD RENT untill you recieve a copy of your rental agreement. The landlord has 21 days to serve you a copy. When you DO get a copy of the rental agreement, get your landlord to SIGN and DATE the day it was given. (ha ha then watch her face go white!)
Mold remediation is an EXPENSIVE business. I can understand why she might not want to do it, but there has to actually BE mold before you realy have a case. There's a high chance you will get mold if they didn't put in big air movers (fans) and dehumidifiers in your suite, (normally done by a professional company,) this can take up to five days to dry out your apartment.
One of the covenants of a Landlord according to the RTA is:
"That the premises will meet at least the minimum standards prescribed for housing premises under the Public Health Act and regulations"
Now, technicaly your landlord has a right to sieze your deposit as a genuine preestimate of damages to do having to re-rent the suite etc...
But if you have to vacate the apartment because your landlord is not fulfilling her basic obligations and failing to provide safe, secure, living conditions, it is actually the landlord that is breaking the rental agreement, not you.
PHONE the Landlord and Tenant Advisory Board! INVALUABLE!!!
GOOD LUCK!
Peter | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 1:56:55 PM | Great post peter !
Just one note...as far the professional fans, etc to dry the place out.....hahahahahahah.
Her landlady said she'd drop off a shop vac...never did.
Never offered to do the work herself .
We've got between 6-8 inches of snow here today, so gawd knows what's going to happen when it all melts !
I believe Tacitta has a health inspector coming this afternoon....but...it takes time for mold to grow, so even if the conditions are right and the spores are there, he might not find any evidence. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 2:59:56 PM | My first observation is that I have a daughter about your age. When I listen to only her side of a dispute I often find there is more to the story, which I only get to understand when I hear the other side . . as in I wonder what the landlady has to say.
Secondly, is there any chance that you have purchased tenants insurance? That is what you need to provide you with a hotel room while your home is being repaired. They take care of any 'suing' that has to be done. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 3:49:01 PM | Tenants Insurance.
Most people never get insurance. I think it is part of the NOT ME syndrom.
Then you hear on the media they lost everything in floods/fires.
Hey folks tennants insurance is 18-40 a month.
Just one of those things that any smart person would be sure to carry.
sit down and think about everything you could have destroyed or damaged and how much it would cost you out of your pocket.
Have mine through pcfinancial. Great part is they have a disappearing deductible.
It is nice to know if something ever happens at my home my rump is covered. If it was the upstairs tennats fault, then I would have to sue, as they dont have insurance.
Yet our lease states we must carry it. the LL knows they dont have it so I would go after him also. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 5:28:24 PM | | Might want to contact your consumer advocate as well - I had major problems with my last landlord - everything from flooding - no repairs - etc - and not only did I get my damage deposit back - they said they get one more complaint about them - they are looking at a fine between $3000 - $5000. | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 5:30:34 PM |
My first observation is that I have a daughter about your age. When I listen to only her side of a dispute I often find there is more to the story, which I only get to understand when I hear the other side . . as in I wonder what the landlady has to say.
Exactly what does Tacitta's age have to do with anything?
You are not hearing just ONE side of this dispute.....I have also posted several times on the situation...and if it really makes that much difference to you...I am NOT your daughter's age!!
Tacitta is about as honest and trustworthy as they make them...if she posts something here, you can rest assured, it is 100% accurate and true.
And Matt, it would be nice if people could just simply 'move out'... but...there are a few things to consider....you know, such as, the snow outside makes it a little cold for sleeping in the park under a tree right now. Also, consider the housing shortage. Also consider the fact that students, even those with jobs, can't always afford to pay rent on two places and two damage deposits.
Yeah, just move out, wonder why she didnt' think of that.
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 6:03:41 PM | I did have the Health Inspector come by. He said there are definitely a few things that have to be repaired before he will let her rent it out again. He also seemed to have known her from a previous expierence. As to the mold... she has to check for it herself. Meaning she has to remove paneling and what not herself and have it looked at. So, even if I don't get my damage deposit back, she won't be able to do this to anyone else.
He sends her the report tomorrow.
I was told that if all else fails I could just live there for the next month and not pay rent and she can try to evict me, but I don't want to stoop to her level. I also don't trust her as far as I can throw her and would be happier to just get out of there.
I'm currently looking at a few other places (not basement suites) and I'm crossing my fingers. Friends and family have been an invaluable source of phone numbers of places to call.
And Janalta, I love you, what would I do without you! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 6:07:39 PM | Glad it worked out ok for you.
Too bad sometimes people look at age and make comments regarding it.
I have a son your age and I know he would be just like you...looking for some honest advice and maybe some personal experiences to use in decision making.
And also...I know alot of adults a hell of a lot older than you that don't have tenants insurance, so don't let that get you down either...
Best of luck to you! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 6:14:25 PM |
And Janalta, I love you, what would I do without you!
I dunno...but one thing for sure, you're life would be a lot less exciting. hahahaha
As for the rent...you have never recieved your contract or agreement from her.....you can withhold rent anyhow.
But....we can't have you living in that unhealthy place for another month!!!!!
You know you're always welcome here...I'm pretty sure I can trust you not to eat all my food, use all my hot water, laundry soap, shaving cream, shampoo, walk into the house with muddy boots or leave your pets here for me to take care of when you leave...like certain previous room mates did !!! | |
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| Landlord/Tenant Dispute - advice please.
Posted: 5/24/2007 6:16:26 PM | Daring.....you going to make any constructive comments?
She wasn't being a hypocrite at all...she never made any derogatory comments about age !! | |
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