I live in Toronto. Can you offer advice on this region? So we live in Toronto. We live in the high park area. We don't

Expert's Assistant chat
Customer: Hi there! I live in Toronto. Can you offer advice on this region?
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes, so we live in Toronto. We live in the high park area. We don't have a formal lease. We have been having mould issues in the apartment since late fall. The windows have been leaking and have not been fixed. In addition, there is mould in the corners and walls of one of the rooms - a sunroom, that was built as an addition but is rented as a living/dining room. We consulted with a contractor and they said the walls would have to be gutted and a water tightness assessment done, and full mould remediation. We communicated the issue to our landlord. They cleaned the interior room and repainted parts of the room where there was mould but did not address the mould within the walls or replace the windows. THey promise to replace windows in the feature. Because of all of these issues we've moved out of the apartment, as of last week, and are staying at a friends place. We've tried to get money back but to no avail yet. Basically, we have now decided to move out. In TO you're supposed to give 60 days but we want to give notice for end of February. Given the situation described, can we give notice for end of feb even though not technically 60 days?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Any thoughts?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have a young baby, 2 months old. We both have asthma, which was worse while we were in the apartment.
Answered by Debra in 1 hour 1 year ago
imglogo
Debra
10+ years of experience
logo

163888 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Debra
logo
logo
163888 Satisfied customers
logo
10+ years of experience
imglogo
Debra
10+ years of experience
logo

163888 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
Customer
Thanks
img

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Fabulous, thanks so much Debra.
img

Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Have you told the landlord what your position is and if so have they said anything?

Customer
We have told the landlord that we don't feel comfortable living there, and that we don't feel comfortable with what they've done to address the issue. We've told them that we would like to give notice for March 1, and they told us we needed to give notice for April 1
img

Debra, Expert

Well you know they are correct in the sense that you have to give 60 days clear notice if you want to terminate a month to month tenancy in Ontario.

Normally, your best next step would be to go to the landlord and tenant Board and get the board to set aside the lease because of the safety and health issues but the fact is you won't be able to get into the board early enough I don't think.

It would make sense for you to try and call the landlord tenant board and ask them if you could have an emergency telephone hearing because this is a matter of health and safety for yourselves and for your baby. They may agree. It's really the only thing you can do is point in time.

Clearly don't pay him for February's rent because he has your last months rent. I'm coming after you for March's rent if he wants to and you'll fight him.

Does that help?

Customer
that helps. How likely are we to get an emergency telephone meeting with the board? Or is it just making a record that we've requested such a meeting?
Also, we have a disagreement over the scope of the mould contamination. Basically, the windows and one of the walls leak and support mould growth. I took pictures of the mould growth, and kept cleaning. Since we left the apartment, they came and cleaned the visible mould but did not fix the windows or get the mould behind the walls. Do you think we would have a case even if they cleaned the most visible mould? But not the leaky windows (which they say will eventually be fixed) or the wall with the leak?
Customer
One of the other issues: we can see water coming into the house from the outside through the windows and through one of the walls. We suspect there is mould in the walls but have no way to prove that. I contacted a contractor who told me it was coming from. The outside. They claim the mould is only on the surface. We requested a third party mould assessment. They say they are unwilling to provide that, and we should pay for it ourselves.
img

Debra, Expert

If the board thinks it is an emergency you may get a hearing this week. If not it can be many, many months.

No one can blame you for being afraid to live there. I would be.

Customer
Thanks for the context. That's helpful
img

Debra, Expert

You are very welcome.

img

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Got it, thanks Debra
img

Debra, Expert

Great.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer