I had a flood in our condo that is rented and wanted to know who is liable in fixing the problems? Ottawa, Ontario. Not

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Customer: Hi:
JA: Hi. How can I help?
Customer: I had a flood in our condo that is rented and wanted to know who is liable in fixing the problems?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ottawa, Ontario
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No, not that I am aware of. The landlord is supposed to take care of.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: just that I believe it is supposed to be our landlord and the unit from where the flood happened, but he does not to get involved.
Answered by Joey in 1 min 12 months ago
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Joey
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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.

Customer
Ok thank you, ***** ***** name is Carla
Customer
I can try and text the info first and see if you understand my situation
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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?

Customer
But the unit above where the flood started, are they not responsible as well? Their insurance company as well as my landlord's insurance company?
Customer
To date which is 3 weeks nothing has been done, and we can not sleep in the bedroom.
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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.

Customer
However, we are the ones living in this mess and nothing is being done because no one wants to take on the responsibility.
Please help me on what I should do? I have had 2 spinal cord injuries and really not in shape to argue but need the help to get my place in order.
Thank you Joey
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Joey, Expert

Do you have tenants' insurance?

Customer
I do and I called them. They had advised me that it is not my insurance to make the claim, it is the landlord and where the flood happened. That being the unit above me.
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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.

Customer
No personal damage
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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.

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Joey, Expert

Did you have any additional questions about this issue?

Customer
Ok thank you so much for information.
Just one more question: does my landlord's insurance company deal with the unit above me insurance company?
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Joey, Expert

Yes, that's something they would take care of.

Customer
Ok thank you. I needed to know that. My landlord is a nice decent guy, and I want the upper unit involved as well.
I appreciate all your valuable information.
Carla
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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.

Customer
Hi Joey,
Just one more question, who is responsible for lodging? We need to vacate the condo for approx. 10 days.
Is it our insurance or the landlord, or where the flood is from?
Many thanks,
Carla Luther
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Joey, Expert

Hi again - your insurance company would be responsible for any out of pocket living expenses as a result of the flood.

Customer
Ok thank you so much for you super fast reply!!!
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Joey, Expert

You're welcome.

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