I have recently moved into a basement about 2 weeks ago and we noticed a lot of spiders and earwigs and the dryer and

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Customer: Hi! I have recently moved into a basement about 2 weeks ago and we noticed a lot of spiders and earwigs and the dryer and stove and fridge are broken which is all included in the rent, still there are more than a couple spiders and earwigs and the popultion has grown to potato bugs and silver fish and centipedes and all different kinds of insects all around the basement and he is refusing to spray the basement due to “a couple spiders” even though we have repeatedly told him it it more than a couple of spiders and more than just spiders, he is very on-top of getting our post dates cheque’s and he is refusing to fix the locks on the doors, and the stove, and to spray the basement, he called us swearing at us and made it very clear he does not want to continue any further accommodations or fix any of our issues until we give him the post dated cheque’s we also already payed ford t and last month and moved in on the 1st of October for first and last month**
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ottawa Ontario! the address is***** JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: He didn’t say much he didn’t even want us to sign a lease, but we made one up of hand so we could just have something and he came back the next day with a lease from 2014 that he had not revised or changed what so ever, before we agreed to renting he said we can only pay with post dated cheque’s, no regular cheque’s or none transfers and in the lease it even says we are not allowed to pay with post dated cheque’s, it is not very clear and it very out of date and does not state much towards bug problems or anything like that, he did say that ‘what we see is what we get’ but he assured us all appliances were working and they are not and they are all included in the rent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The upstairs people were very loud and he told them to quiet down and they did but now they are complaining we are slamming the door and the landlord yelled at us and sweared at us because he got them to quiet down and we are slamming the doors when there is no need because we can simply “lift the door” when he never let us know that, we have to slam the door to shut it, otherwise it will not close, there are multiple locks on the door that we don’t even have access to through our keys he gave us and he will not print new keys for us
Answered by Debra in 12 hours 2 years ago
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Debra
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Debra
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Debra
10+ years of experience
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166440 Satisfied customers

Jessica

Jessica

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Debra, Expert

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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Debra, Expert

I am sorry and actually horrified to hear of this difficult situation.

Can you let me know if you have made any demands of this landlord in writing?

Customer
Hi! Thank you! The in writing demands were through text! But yes there were a couple and a couple on the phone as well
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Debra, Expert

In Ontario that laws that protects tenants is the Residential Tenancies Act.

The Act provides that it's the Landlord's responsibility to keep the home in good repair. This absolutely includes pest free within reason.

You may not withhold rent but have other options available to you. Before you exercise these options you have to make your requests to the Landlord in writing.

After that one option is to call the government agency that enforces housing by-laws and regulations if you feel these are being breached.

Here's the number to call for more information: 1-***-***-****.

At the same time you can file a complaint with the Landlord Tenant Board.

Here is a link to the form you will need to do this:

http://www.sjto.gov.on.ca/ltb/forms/#tenant-forms

You would use T6.

You will note that on this form you can ask for a rent abatement, or to pay some of the rent to the Board until the repairs are done. You can also ask to do the repairs and get paid back or have the landlord do them.

Does that help as a starting point?

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.

Customer
I cannot withhold rent from him, but I did sign a year lease starting October 1st when we moved in paying for first and last month, would I be able to hand him 1 check for this November and be able to move out December 31? Without legal problems on my half?
Customer
Is there any way to get out of my lease?
Customer
It did help a lot too thank you! I did not know who to call if I wanted to complain about them, also, I am able to file a complaint as well as trying to break the lease and move out early or is it one or the other?
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Debra, Expert

No you cannot withhold rent and you cannot terminate the lease earlier unless the Board agrees. You can ask for that order on that for too.

Customer
Is it the same link you sent me to be able to complain about him? Is it done on the same website?
Customer
Also when you say in writing, does it have to be set writing on paper or are text messages fine?
Customer
Just because we have already addressed the issues and they were via text message
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Debra, Expert

I sent you a link to the form you need to use.

Look at the form. I explained it was T6 and you will see all your options.

Text is fine.

After you look at the form you can see that you can also file online.

Customer
if he refuses to fix our appliances and the bug problem, we could not give him 1 months rent and move out the next month? (Because we payed first and last month) without getting approval?
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Debra, Expert

No as you have a fixed term lease.

Customer
Also the form has a section about the landlord, would I have to fill out what I know or am I supposed to send it to him for him to fill it out because that doesn’t make very much sense to me and I also don’t know much about him to be able to complete the form
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Debra, Expert

You fill out what you know.

Customer
What if all I know is his first name
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Debra, Expert

That's not great.

To whom do you make the cheques payable?

I thought there was some lease that was signed?

Customer
My roommate may know the last name but that is all! And the lease as I mentioned before has not been updated it is a lease from 2014 that didn’t even have his current address on it at that time
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Debra, Expert

To whom do you make the cheques payable?

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Debra, Expert

Is there anything more I can help you with at this point in time?

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