My partner and I live with our landlord. It is the three of us, and we have lived there for roughly 2 months. I just had

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Customer: Hi there. My partner and I live with our landlord. It is the three of us, and we have lived there for roughly 2 months. I just had some questions regarding paying him rent ?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ontario
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes, we were told the renovations would be done by the time we moved in and they are not completed. We have random workers walking into our place at all hours of the day. To the point where it has made our dog sick from anxiety.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am just wonder how this all works? I am at work right now but would just like to find some options as I do not think its fair that we are paying full rent.
Answered by Debra in 6 hours 2 years ago
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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 to hear this.

Do you share a bathroom or kitchen with the landlord?

Customer
It is sort of a long story with a lot of different aspects. However, I will break it down into what is probably the most important legally. We had lived with him for a year previously at a place where all 3 of us were on a lease and were renting. Mark ( the roommate/landlord) bought a condo in October and we were to move in with him Dec. 1st 2019. However, he got renovations done to the entire condo. Renovations were not done by Dec. 1st, so we pushed the date to move in to Dec. 17th as the renovations would be done by then. We moved in to a place we thought was completely done but was not even close. We have now been told well over 10 times that the renovations will be done by the end of the week. One of my main problems with the renovations is that strangers are walking into our place (into my room) at all hours of the day (anytime from 8:30am to 11:00pm) and I never am informed of when they will be there. This not only has made me uncomfortable because I never know when they will be coming in, but the front door is almost always unlocked (and we live downtown Toronto). My first issue with moving in is that Mark would not give me a key or fob to the condo for the first 2 weeks and therefore my boyfriend and I had to share throughout that time. We both work more than full time plus have a puppy we need to take out often.
Some examples of how the renovations are disturbing our daily lives are as follows :
- We do not have a door to our washroom in our bedroom -- And now the renovations on our washroom have been going on for over 3 weeks. During this time men walk into my room at any hour and I never know when. They also are making a huge mess because there is no door so the whole room is effected. Our dog also has been sick from anxiety from having to be in the room with them while they are working, plus getting into the messes they leave behind.
- The first 2 weeks we lived there we were not able to use the kitchen yet and I very much so do not eat out
- The heat in our room did not work properly for the first month we lived there so it was extremely cold in our room because it is the mild of winter.These are just some of the examples of why my boyfriend and I believe that we should not be charged full price for rent while these renovations have been going on. We paid upfront for the half of December and all of January when we moved in, thinking that the renovations will be done. Now we are well into February and they are still not complete. We together pay $3000/month for the one bedroom and the shared space (which is already very inflated to begin with). I believe something like half of the rent should be reasonably until the renovations. If he is not willing to do that then we are interested in trying to get out of the contract.Was just wondering if you had any suggestions before I present all of this to him as he is a very established business owner so he usually has all of his bases covered.Thanks,
Keirstyn
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Debra, Expert

You are correct of course. There is no likelihood that a court would say you have to pay full rent during this nightmare.

You share a kitchen with him so you are not covered by the Residential Tenancies which means you would have to sue him in Small Claims Court if you want to pay him the full rent so he doesn't evict you and then sue for some or the rent to be refunded.

Does that help?

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
would you say that it would just be easier to pay the full amount?
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Debra, Expert

I think you should pay it under protest and then sue for some of the rent back. It's not fair what is happening to you and your landlord most assuredly knows it.

Customer
Okay. If I ever needed to get out of the contract do you think this would be enough grounds to do so?
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Debra, Expert

If this goes on much longer then yes it could be.

Customer
Okay thank you so much for your help!
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Debra, Expert

Anytime.

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