my rights as a tennant

Poizen22 · 11-02-2009, 07:15 PM

OK well my hot water has been out since Friday the 30Th of October i haven't been able to shower due to the water being to cold i live in Canada so the earth gets very cold meaning cold cold water. anyway rent was due on Sunday, i informed the landlord on Friday that the hot water has been out and he said he would send some one on Monday. now i am 19 and my dad pays rent my dad has been in Kingston for weeks he left the check to pay rent here this week end that was due on Sunday the 1st. now the rent is 24 hours over due and the check is written it just needs to be signed by my dads partner. anyway the landlord did not send out a plumber to fix the water if it is even broken ( I'm assuming it was turned off ) and he says he will not fix it until rent is payed. the check is written but cannot be cashed as my dads company partner is with him in Kingston 3 hours away from me working. what legal obligations does my landlord have to repair this situation this is 96 hours now with out hot water, i work in sales and 1 shower in between 4 days doesn't cut it, i smell like *** cant take a shower anywhere else i live in the country and landlord wont do jack there has to be some legal obligation he has to keep.

Mak213 · 11-02-2009, 07:27 PM

This is something we cant answer without direct access to your Lease agreement with the landlord. There could be provisions in there that cover this type of thing. We dont know.

Now under most agreements since the Landlord was notified before the Rent was due, it is his obligation to get it fixed. But being the weekend it would cost extra to get someone out there to fix it so a normal business day would be expected.

But since the fact that a new month also came about, it is your duty to pay the rent. If Rent is not paid then the Landlord does have the right to not fix something till the rent is payed.

Again this is all speculation cause we dont know your specific agreement. This should be covered.

Poizen22 · 11-02-2009, 07:28 PM

but since it was broken before rent was due do we not have the right to withold rent until repairs are made?

Trotter · 11-02-2009, 11:59 PM

Rent is rent, broken hot water or not. yes, the landlord should have already fixed it, but he could still kick you out for not paying the rent. Maybe you should let him know about the check situation so he will know you aren't purposefully trying to stiff him.

You could always heat some water on the stove and do a sponge bath. It ain't sexy, but your co-workers will thank you.

oldskool · 11-03-2009, 01:28 AM

Only true to a point, Trotter. You have rights as a tenant, and if facilities such as no hot water are not provided in a "timely" manner, it can be deemed "unlivable", at least in states like Maine. I know we are talking Canada here, but I think you will still find that certain things need to be provided. Laws may be different up there, I don't know.

By "timely", I mean if it just went cold then no you would still have to pay the rent. If it has been an issue and addressed, verbally and then later written form, then you have an argument. I rented for 25 years until I bought my first house. You have rights, but you should check your local and provincial laws would be my suggestion, Poizen.

95BlackGA · 11-03-2009, 04:47 AM

At my old place, it was expressly stated in the lease, that if notified by the "leasee" the "lessor" had to immediately fix the problem, if it was necessary to make the leased property a livable foundation. If the "lessor" did not fix the problem, or contact someone to come out as soon as they were available, we, the leasee would not have to pay the rent/lease payment until the foundation was deemed "livable" again by both parties. (Meaning if they fixed it, but it broke within 2 days I still wouldn't have to pay, due to it possibly being a "patch" job just to get the lease payment.)

Mak213 · 11-03-2009, 04:58 AM

As i had first stated, the Lease Agreement needs to be read. Things like this should be covered. Yes OldSkool is right that Tennants do have rights, but Timely manner isnt 2 days. Timely manner isnt the Weekend. Trotter is also right that withholding the rent can cause even more issues.

95BlackGA is saying the same thing as me. CHECK THE LEASE AGREEMENT. Any decent lease agreement will have it spelled out clearly the rights you have and the landlord has in a situation where a utility breaks down and needs repair. Without knowing your agreement we cant answer. We cant not answer if you have the right to withhold rent. We can not answer if the landlord has the right to refuse to fix till it is payed. WE CANT ANSWER THESE QUESTIONS. I have rented for quite some time now, and it does come down to the lease agreement you signed with them upon paying the first month and security deposit. Possibly even the last month as well.

oldskool · 11-03-2009, 10:11 AM

Right, Mak. And I am not saying hey the water is cold for two days so I am not paying my rent. I was just trying to give the scenario of reasonable -vs- unreasonable in terms of rights / laws.

Mak213 · 11-03-2009, 10:21 AM

I know mate. I am just saying, i said it in my first response and no matter what else is said that is the only thing that holds true. Check the agreement. Some have this covered, some have this implied, some dont say a word about it and those are the ones you have to watch out for. As it will always favor the landlord over tennant.

patonb · 11-03-2009, 11:19 AM

Yha you cannot with hold rent for issues like that... but what you can do is get a plumber.. or the water heater company, to come check it...

You do hyave running water right? just not hot water..

Alot of people rent the heaters, so you just call the number on the tank and they fix it.

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