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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 100398
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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I am a tenant in a townhouse complex (4 units in each row). The

Customer Question

I am a tenant in a townhouse complex (4 units in each row).
The tenant beside me has bed bugs. I received notice for pest control in mailbox, not attached to door or given to me personally. Pest control is to come on Thursday. I do not have enough time to move; basically almost my whole house, including light receptacles and pictures to be prepared for this Thursday. I spoke with 2 out of the 3 other suites, who can not be ready by Thursday also. ( 1 has heart condition and needs help and the other 1 has so much stuff, she needs to rent sea can to load her items). I am also leaving for business trip to another province for 5 days and too busy to prepare.
Knowing this, l phone property manager...who hung up on me. Then went to head office to ask for extension to next week to allow time for proper preparation and was informed that this was not there problem and lf my suite isn't prepared for spray, l would be charged $250.00.
Are they allowed to do this???
Submitted: 4 years ago.
Category: Canada Law
Expert:  Legal Ease replied 4 years ago.

retireddebra :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

retireddebra :

The landlord cannot charge you for not being able to adhere to a timetable that is both unreasonable and not agreed upon.

retireddebra :

The landlord can enter if this is an emergency but cannot require that you empty out your home or else charge you.

retireddebra :

There is no legal basis for the landlord to do this.

retireddebra :

Let me know if you need any further clarification.

JACUSTOMER-9t5f9rt1- :

Am l allowed to refuse entry, as notice was placed in mailbox and not delivered in person. In fact,placed in mailbox twice as first notice had 3 different dates?

retireddebra :

You can state you did not receive proper notice.

retireddebra :

But the landlord may end up entering anyway.

retireddebra :

You can take the landlord before the Dispute Resolutions Services and perhaps you can get a rent abatement because of an unlawful entry but at the same time he may say that you knew full well when he wanted to enter so there may not be that much sympathy for your position.

retireddebra :

But it's worth trying to deny him entry if you need to.

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