You helped us get things right last time around. Thanks again! Now, we have a couple of follow ups we didn't resolve:

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Customer: Hi. You helped us get things right last time around. Thanks again! Now, we have a couple of follow ups we didn't resolve:
Our landlord had to repair part of our condo. A floor removal was needed in the kitchen/living/hallway rendering the condo unliveable. This was estimated to take 3 days. First she wanted to do it when we were there and then we asked for her to provide an alternate living space which she refused to. We suggested she'd pay for hotel too, which she didn't accept. We ended up deciding on a time for the repair that was convenient for us (we were supposed to be away) and continued paying rent. The repair took place but took not 3 days but 4 weeks in total. We decided to stay put where we were before the condo was in ok shape again. Again, we paid rent for this time.
We have handed in our notice of termination which will end Jan 9 2022. The last rent is due November 9; the last month's rent is covered by our deposit.
Now, the question is, how do you suggest we get compensation for the time the condo was unliveable? Should we withhold rent?
Answered by Debra in 5 mins 1 year ago
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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
Hi. You helped us get things right last time around. Thanks again! Now, we have a couple of follow ups we didn't resolve:
Our landlord had to repair part of our condo. A floor removal was needed in the kitchen/living/hallway rendering the condo unliveable. This was estimated to take 3 days. First she wanted to do it when we were there and then we asked for her to provide an alternate living space which she refused to. We suggested she'd pay for hotel too, which she didn't accept. We ended up deciding on a time for the repair that was convenient for us (we were supposed to be away) and continued paying rent. The repair took place but took not 3 days but 4 weeks in total. We decided to stay put where we were before the condo was in ok shape again. Again, we paid rent for this time.
We have handed in our notice of termination which will end Jan 9 2022. The last rent is due November 9; the last month's rent is covered by our deposit.
Now, the question is, how do you suggest we get compensation for the time the condo was unliveable? Should we withhold rent?
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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Is she out right refusing to pay you for you compensation? If so what is her reasoning?

Customer
Her reasoning is that she is entitled to repairs
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Your landlord couldn't provide you with a home fit for habitation and she thinks that you have to shoulder the cost so you should be inconvenienced and you should pay rent and not be able to live there. She has to be kidding.

So you can certainly go after her for any compensation you're entitled to because you're entitled to be put in the position you would've been had this not happened.

If you withhold rent that is grounds for eviction but I don't see her getting into the landlord and tenant Board before you have decided to move out anyway. As well, even if she does get a hearing before that time you will fight her and make it clear that she owes you more than one month's rent.

Does that help?

Customer
Love it. What is the worst that could happen with this approach? the LTB decides we owe her rent or are there penalties, too?
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Debra, Expert

Well worse comes to worse they would make an eviction order but it wouldn't be for that today and it's hard to see how they would do that when they come to understand what she did to you. You don't have the right to withhold rent but this is at the end of your lease and look what she's done. If I were the adjudicator I would side with you without a doubt.

Customer
Two questions: 1) how quickly can we count on a hearing? 2) if Landlord wins, how fast would we get evicted?
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Debra, Expert

I don't think the hearing could be for sooner than two months or maybe longer. I think you would get until the end of the month of the hearing.

You can call the landlord and tenant Board ask about the timing and how all that works.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new 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.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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