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Jessica
Consultant
Joey, Expert
Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.
I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so that I can clarify.
Joey, Expert
Hi Carla - sorry to hear about the situation. In Ontario, the landlord is responsible for ensuring that the property is maintained and the landlord must address emergency situations such as a flood. They would only be responsible to pay for the unit damage, not personal property. You would need to make a claim through your own insurance for any personal property damaged. You should contact the building superintendent as well. You should write to the landlord and demand they address this situation. If they refuse, you can file a claim against them to repair the damage. You can also seek monetary compensation as well if they failed to take reasonable mitigation steps. Here is a link for the landlord tenant board forms: https://tribunalsontario.ca/ltb/forms/ If you have questions about the forms, you can call the landlord tenant board at 1-***-***-****
Does that help answer your question today or did you have any follow up questions?
Joey, Expert
If the flood started from above, they too could bear some responsibility. That said, this something your landlord should be addressing given they are the owners of the unit.
Joey, Expert
Do you have tenants' insurance?
Joey, Expert
If your personal property was damaged, your insurance company must take your claim. You can sue them for breach of contract if they refuse. With respect to the damages to the unit, your landlord needs to take care of this. If they refuse, your remedy is to file a claim against them at the landlord tenant board as I mentioned before.
Joey, Expert
Then your insurance company need not get involved. Your next step would be to file a claim against your landlord with the landlord tenant board.
Joey, Expert
Did you have any additional questions about this issue?
Joey, Expert
Yes, that's something they would take care of.
Joey, Expert
Sorry again to hear that this happened to you. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.
Joey, Expert
Hi again - your insurance company would be responsible for any out of pocket living expenses as a result of the flood.
Joey, Expert
You're welcome.