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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95937
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 the landlord. The tenant entered into a one year tenancy. Tenant

Resolved Question:

I am the landlord. The tenant entered into a one year tenancy.
Tenant notified me of snow accumulation of snow on roof of unit.
I dispatched a caretaker . Reported there was ice and snow but reported removal may destroy the integrity of the roof.
Two weeks later the tenant stated that there was water leaking into the unit.
I dispatched maintenance person who removed is snow from sides of the roof and removed ice to unclog the eaves. The roof was less than 10 years old.
The leaking stopped.A about the same time the tenant informed me she was going into rehab for 21 days. Said they arranged for someone to periodically check the unit while they were away.
Nineteen days later we were informed by the person checking the unit that considerable water damage occurred.
The unit was not habitable.
We offered the tenant our 3 bedroom home adjacent to the unit. We were not in the country and wouldn't be back for at least another two and half months . We committed to the tenant we would restore the unit to its original condition ASAP . The tenant agreed and moved in.
The contractor predicted that it would take about 4 weeks once he could replace the roof.
About a month later the tenant said they found different accommodation, expected me to pay for it . The tenant moved out but left their belongings. Rent was paid for one of those months but her belongings remained in the unit 3 days into the next month but cancelled that months rent.
The tenant did not provide written notice. Does not think they should pay for any hydro for their unit during that period or rent.
The house was offered at no additional cost to the tenant.
Their paralegal says we were negligent, that we breached the lease agreement due to our failure to maintain the unit according to the act, that we failed to provide suitable accommodation such as a hotel and we failed to give her other options.
The tenant never asked for another option.
The paralegal is relying on the frustrated contracts act.
Did I meet my obligation s and I could you provide where in the act suitable accommodation is defined.
How does the frustrated contracts act apply
The restoration took 56 days
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal 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.

But, 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.

Have you started a new account?

I am sure I've answered this before and I would like to find the answer that I already provided.
Customer: replied 2 years ago.
I did ask this question had to start a. Ew account because No matter what I did I couldn't get into my account. Since asking the question there has been more info to provide.
Also I forgot to mention I made more Than one attempt to have the tenant negotiate an agreement to end tenancy but they refused plus the tenant agreed on a settlement amount and cancelled cheque after removing belongings.
It is references made by paralegal that I wanted to clarify
Expert:  Legal Ease replied 2 years ago.
What province is this please?
Customer: replied 2 years ago.
Expert:  Legal Ease replied 2 years ago.
The paralegal is correct in that you have a duty to keep the unit in good repair.

If there is something that needs repair though then the tenant must send the landlord a letter (it has to be written notice) stating that a repair needs to be made and explaining what that is.

Then the tenant can get an order for the abatement of rent if the landlord refuses to make the repairs.

What happened here is not what I've set out.

The tenant talked about a leak. It was stopped.

The tenant moved out for 21 days and said someone would inspect the place. They did not until just before the tenant was coming home.

This is negligence on the part of the tenant and a breach of the tenant's obligation to you.

Then you agreed to let the tenant live in your home. There is no need to send the tenant to an apartment and in fact the home is the closest location possible and has a kitchen and laundry facilities which a hotel does not.

It is a good way to mitigate your damages.

As you provided alternative accomodations you discharged your duty to the tenant and your tenant owes you the rent.

She did not need other options and she had no right to terminate the tenancy.

The Act cited by the paralegal has no relevance. A little knowledge seems to be a dangerous thing, at times, when it comes to paralegals.

There is no definition of suitable accomodations but your home would be at least comparable if not superior to what you are renting out.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95937
Experience: I have been a lawyer since 1985 and have been a professional on this site for 5 years.
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for you answer.
Expert:  Legal Ease replied 2 years ago.
You are very welcome.

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