Certainly I have received two n5 form 1 for calling the city about the heating in my unit. and they found out it was

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Customer: hello
JA: Hi. How can I help?
Customer: certainly I have received two n5 form 1 for calling the city about the heating in my unit. and they found out it was sufficient heat 2 for having attachment for portable dishwasher
JA: Can you confirm which province you're in? It will help the Lawyer give you a specific answer since laws can vary by location.
Customer: ontario
JA: Have you tried anything so far that has helped or clarified the issue?
Customer: first n5 is requesting not to pursue the matter... I believe that cased is closed since I will not second n5 is requesting me to remove the portable dishwasher which they have not seen or photographed
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: other than more in dept details there are not
Answered by Debra in 5 mins 1 year ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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174690 Satisfied customers

Jessica

Jessica

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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
hello
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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.


Does your lease not allow you to have a portable dishwasher?

Customer
I am going to check the lease agreement
Customer
however they have not proof that there is one accept the attachment
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Debra, Expert

Well do you have a portable dishwasher there?

Customer
yeas i do
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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.


So you better check the lease to see if you are allowed to have one. If you're not allowed to have one then you can't have one unless the landlord agrees. If you have one and the landlord doesn't agree and the lease says you can't have one then it's a breach of the lease and you will be evicted. It's really just that simple.

Do you see what I mean?

Customer
yeas I have. I am reading the lease agreement It only says alterations to plumbing
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Debra, Expert

Is this the type of dishwasher that you just push into the kitchen and you attach it to the faucet at your sink?

Customer
I would like to add to this as harassments sending two n5 forms within 24 hrs
Customer
even if i remove the dishwasher which it does not specify that i can not
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Debra, Expert

Well the  N5 gives you seven days to correct the issue so if you aren't allowed to have the dishwasher then you just remove it and then you will no longer be in breach of the lease. But from what you're saying you aren't in breach of the lease anyway.

It's not harassment. You're being told to stop doing things that you're not allowed to do or you'll receive a notice or an application for an order for eviction. That's how the system works. They must  deliver the N5s first.

Customer
Yeas thats correct
Customer
okay so to recap, If i have portable dishwasher, am I allowed to have it or not ? Lease agreement does not specify the appliance any sort
Customer
all they have the picture of the attachment which I could get rid of... Would that be enough to n5 form to be dismiss
Customer
Arent I allow to store what i need in the premises ?
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Debra, Expert

If your wording is correct I would argue if I were you that you are not altering the plumbing in anyway by attaching a portable dishwasher's hose to the faucet. But no one's going to believe that you're not going to use it if it's stored on the premises so if you aren't allowed to use it that's not going to work. You'll end up being evicted. The adjudicator is not going to believe you.

Customer
the lease agreement does not specify dishwasher, however because it said altering the plumbing I am at fault
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Debra, Expert

No. What I am saying is I don't consider that to be altering the plumbing. You are temporarily attaching something to the hose. That's not altering the plumbing in my view.

Customer
in this case should I remove the dishwasher or no ?
Customer
if I do not and if the adjudicator decides, I am at fault would there be a other notice or eviction date
Customer
hello
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Debra, Expert

If the adjudicator decides that you can't have the dishwasher you can agree to remove it.

Customer
Can I contact the landlord about specify the part of the agreement and where it states the can not have portable dishwasher in the unit?
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Debra, Expert

Sure.

Customer
Thank you so much for all your help. where are you located in canada? Do you do representation if I go with the keeping the dishwasher route
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Debra, Expert

I am in Toronto but I am retired. Lawyers are really too expensive for this issue but you could find a paralegal if you didn't want to deal with the landlord and tenant board on your own.

Customer
Happy retirement. :). I really wont like to. Is there a place where i can find good paralegal ?
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Debra, Expert

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a paralega and can consult with the paralegal and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Customer
Thank you can I ask you an other question ?
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Debra, Expert

If it's a follow up question then you can ask me the question on this post but if it's a new question could you please start a new post? You just have to be sure to put my name into it and then I will be the one to answer.

Customer
how many n5 they can issue with in 24 hrs?
Customer
I would say follow up
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Debra, Expert

There is no maximum number. It is the whether those N5s are valid or not. If they continue to give you one N5 after another then it will become harassment. That would be denying you the right to peaceful enjoyment of your home and then you could take them to the landlord and tenant Board for an order requiring them to cease and desist from harassing you, to give you peaceful enjoyment of your home and even for rent abatement.

Customer
thank you this answer I do like.
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Debra, Expert

You are very welcome.

Customer
On the N5 regarding to removal of the dishwasher. it states 24hrs on the letter they send. but on the n5 it is 7 days? Which one should I go with?
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Debra, Expert

Why don't you call the landlord and tenant board very first thing tomorrow morning and see what they have to say about the dishwasher issue? Maybe that will help. Let me know what they say.

Customer
they are really vague...they said Adjudicator will decide that
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Debra, Expert

Well I guess it's not clear then but why don't you tell the landlord that you reviewed the lease and you've actually had a lawyer review the relevant provisions and you do not agree that you are in breach of the lease and you're happy to have the landlord and tenant board decide and see what happens?

Customer
you are right that would be most feasible option. butI dont like to "just try" I would like to know the result before happens
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Debra, Expert

But you can't. This is obviously a gray area as is most things in law and you won't know the answer until you've had the matter adjudicated. That's why they are lawyers. If everything was black and white where is wouldn't be hired to "argue".

Customer
That is correct. As son of a lawyer(an other country) I should know that better. It just matter of having a good representative.
Customer
thank you all you help
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Debra, Expert

You are very welcome.

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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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