Is there any thing I can do about the constant smell of cat litter coming from the tenant below me. Some times it is so

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Customer: Is there any thing I can do about the constant smell of cat litter coming from the tenant below me. Some times it is so bad my eyes burn.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I am in Ontario, Canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: There is no lease. This is a house converted into three apts. I live on the top and the cats are in the middle floor. The basement is with a young mom with a small child. The owner is my brother and his son is in the unit with the cats.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The other tenant and I have complained many times to the owner, which he then tells them, they clean up but days later the same.
Answered by JJL11 in 4 hours 2 years ago
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am an Ontario lawyer who can answer questions about tenancy law.

To clarify - is your brother, who is the owner of the house, also your landlord and the one who has the cats with the strong smelling cat litter ? And when you say you complained to the owner many times, do you mean your brother ?

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JJL11, Expert

Good morning - I am following up with you since I have not heard back from you.

Thanks

Customer
Hello, your cite for responding back is not working. When I push to type reply it starts flashing and touch again the flashing stops. Press to reply, flashing again.My parents owned this house before my brother bought. I lived here then. Now I live on the top floor, my brothers son and girlfriend live on the main floor and my brothers other son, who died 3 years ago, His child and baby mom live in the basement. The cats are on the main floor. So, the lady, Alex, and my brothers grandson, who are in the basement have the smell worse than me, plus she gets all the noise and hears every fight. The vents are as one due to the common furnace. We have both complained numerous times and we are still complaining.Pauline
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JJL11, Expert

Hello - Sorry to hear about the glitches with the site. Is the reply function working properly now ? If not, I will have to let customer service know.

To clarify - do both you and your brother's girlfriend pay rent to your brother and consider him your landlord ? Do you know what has to be done to correct this problem if you were to file an application to the Ontario Landlord and Tenant Board to have them issue an order to correct the problem ? Are there too many cats or poor ventilation ?

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JJL11, Expert

Hello - I am following up since I have not heard back from you.

Thanks.

Customer
I wrote a reply back yesterday answering the above questions. This cite for responding is awful! Pauline
Customer
JJL11, Both Alex and I pay rent and yes I
He is our landlord. I would say there are too many cats but I think mostly laziness. They have their windows closed for their air conditioner so that doesn't help cause the winter time is the same problem. Some one needs to fix this blinking answer box.
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JJL11, Expert

I am sorry to hear that you are still having problems with the site.

Are you using your cell phone, laptop or the JA app to text me ? I will let customer service know about the blinking answer box and the delay in posting your replies.

In your situation, if you and Alex pay rent for the right to occupy your rental unit, then your brother is your landlord according to Landlord and Tenant Law. Since your brother knows about the problem and has done nothing to improve the situation, your recourse now is to file an application to the Ontario Landlord and Tenant Board to get an order to compel your brother to fix the problem because it is substantially interfering the reasonable enjoyment of your rental unit.

The application you would file is the T2 Application about Tenant Rights. In that application, you have to detail what the problem is, whether you have notified your landlord of this problem and how it substantially interferes with your living situation as well as Alex's.

Here is the link to the Board's main webpage which has the T2 form which you can efile. Hearings are currently still being held by telephone due to COVID 19.

http://www.sjto.gov.on.ca/ltb/forms/

Hope this answers your question.

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