Thread: Apartment rental help.

Howdy all,

I've got a problem and I need some advice on what to do.

The fiancé and I were to move into a basement apartment starting February first.

We got the keys for the place and when we went to look it over we noticed some serious problems.

The previous tenant left the place in quite the sorry state. The walls had many holes from picture frames and mounted shelves. The shower in the bathroom was moldy and was leaking water causing the drywall around it to bubble and peel paint. The laundry room looked as if it had flooded at some point as you could see water damage and the start of mold.

The fiancé and are are upset to say the least. We were looking forward to moving into a place together before we got married later this month.

At this point the repairs look like a good month of work and we don't want to wait around until it's done. We would rather just leave and not put up with this.

As renters are we entitled to get any of our money back?

It really depends on the city. Laws regarding tenant/landlord issues can vary widely. In the case you describe, it seems that you shouldn't have any trouble getting out of the lease, but if the landlord's a **** then I suppose he could drag his feet. Take pictures and tell the landlord right away that you have don't want the place and you want your deposit back.

Basil,
I have a hundred questions to ask you and only the experience of Florida Landlord Tenant Laws and and the local county courts. I see you are in Toronto and in the U.S., each state have their own little set of rules. Also, it's 1am here and I'm too tired to go though a hundred questions. BUT I don't want to leave you hanging.

Do you have a lease agreement that covers this type of problem? Did you rent sight unseen? Is your landlord approachable on this problem? If he thinks you are just being unreasonable , due to a better deal down the road; well you might have a problem. If he feels that you really want the place , prior to the discovery of the problems, he may work faster on solving them.
There must be a housing authority somewhere in Toronto, that can answer all the needed questions that you have. Sleep on this tonight and reach out to a third party, local authority on this matter.

I'm sorry for not being much help. Keep me advised though.

Sorry for your troubles. Wherever you are:

1. Document the state of the place, in writing and with pictures. You can also talk to the landlord about it, but also make sure you deliver the move-in document to him in writing as well, by certified mail or similar.
2. Take your document and go talk to a lawyer to find out exactly what your rights are. Don't know about Canada, but if you can't afford a lawyer, I know that in the US and Germany, free or low-cost legal aid is available for renters in situations like this.

I've lived in and rented in Germany, US, Costa Rica, and Colombia. Every one of these countries had very clear regulations regarding the landlord's responsibilities, and my landlords were luckily good people who at least always made an effort to take care of business. I had a situation in Costa Rica last year, some things in the (expensive!) apartment just didn't work right, and couldn't be easily fixed in the short term. Plus, there was a real asshole neighbor. I just kept complaining, politely but firmly, and the landlord and I came to a fair and equitable gentleman's agreement. He paid back most of my deposit, and I moved to a new place...

Basil....

Tell me you haven't signed a lease yet!

1) Take pictures, lots of pictures.
2) If you have signed your lease, go over it with a fine tooth comb. If you signed off on the current state and made no mention of what needed to be done, you're in a tougher spot. Look in your lease for any clause that may cause either you or the landlord to opt out early, with or without penalty.
3) Google search: Landlord Tenant Act, Ontario. Read it. All of it.

Before you go any further, you need to educate yourself about the laws in the province. You do have rights. Now, if you saw this place first, and signed a lease based on the current condition, it's more "buyer beware".

Take a look and your lease and stuff....give me a call if you need to, my mother is a real estate agent near toronto, and knows the Tenant Act inside and out. We can consult her if we need to.

Thanks for the help maxi.

We signed a lease a month ago while someone was still living inside.

It looked perfectly fine when we were shown the apartment. But when we got the keys and looked it over it was really bad.

It looks as if the landlord didn't bother to check the place over and do any repairs after the previous tenant left.

We had no idea that behind the furniture and decorations there would be so much damage.

I've emailed the landlord with pictures and now to just wait and see.

basil,

I assume that the Landlord/Tenant Act of Ontario is similar, if not the same, as the one in Alberta. It specifically states that the landlord is responsible for all repairs and cleanliness before a tenant takes possesion. There is usually an incoming inspection report done prior to signing the lease; this is typically done after the previous tenant has moved out and the apartment has be suitably cleaned up for the next tenant. It looks like your perspective landlord is less than respectable already.

It's been quite a few years since I rented, but when I had an apartment and moved out the management firm did the outgoing inspection with a white glove, and subtracted all so-called related costs (surface cleaning, carpet cleaning, filling in pin holes etc) from my damage deposit to the point I received almost nothing back. I had to disagree, since I had spent 12 hours cleaning that place top to bottom, to the point that it was basically in showroom condition before the rental agency inspected it. In the end I would have to guess that place looked brand new when the next tenants moved in!

The point is my mistake was not being more strict before signing the incoming report. I ended up getting dinged for damages that were present before I moved in. Takes pictures, document everything, and don't sign anything else until you are comfortable doing so. You may have grounds for legal action so it's worth looking into.

I ended up resolving the problem.

Landlord and I had a serious talk and after I challenged him to a duel with sabers at dawn he gave the deposit back.

The duel does the trick every time.

Good for you. Sabres at dawn...I like it.

Glad to hear it worked out. Are you heading out on your honeymoon right away, or will you be able to make the Feb 26th meet in Guelph?

I prefer flintlock pistols, or a joust but I suppose sabers will due.