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Will I be found liable? Landlord suing me for 2 months of rent and court fees

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  • Will I be found liable? Landlord suing me for 2 months of rent and court fees

    I moved into an apartment in mid Nov 2005. In January 2006 a new landlord took over the building. He immediately asked that all issues were addressed and he would resolve in a timely matter. We did so on the PC, printed a copy and saved it to the hard disk drive as well (still have it). (What stops them from saying they didnt get it - and yes - I could of created that yesterday for all that matters)

    Things that needed fixing:

    Freezer on fridge made an annoying loud noise - was in the process of dying and it needed to be banged atleast twice a day to stop the rattling / noise.
    This was brought to his attention almost immediately. He pretty much stated that he would not replace it until it died.

    Stove - top element was dead - still worked but zilch for baking - was not fixed. Fan above stove never worked, nor was it ever fixed.

    Fan in washroom - never worked, never fixed.

    5 windows, 1 was broken + taped - that took about 5 months to replace - and was a threat to general public. 3 of other 4 windows were terrible with condensation - always fogged up - but I did not pay the hydro bill/electric heat so I didn't push that one much.

    Buzzer: Both buzzer did not work and door opener button was non-functioning in the building. This was brought to attention when fire department arrived fro fire at a different apartment in the building. They adv it needed to be fixed. This was never fixed.

    Carpets were just awful. Advised us they wont be replaced until we move out.

    Mold in washroom. At first he stated it wasnt mold. Then he stated he was going to get someone in to fix it. I got a health notice stating I am allergic to mode and was starting to feel the affects.

    On Nov 21 we advised that we were tired of making complaints of stuff not working and never being fixed. We also stated that for health reasons we were moving out. I offered the landlord 1 month of rent (i dont know why) and he happy with that at first. I also stated I would try and get out for December 1st and pay for december to give him a month to work on the place. He came back about 20 minutes later stating I would have to pay him for 2 months. At that point I told him I wasn't going to pay him for anything and that we would have to settle it in court.

    He states that he always handled repairs with due-dilligence. There was a store he ran in the basement and he always focused on the store first - or in his words "work the basement up" (Right...). I called the health + Safety board to write a report that mold existed just so they couldnt cover it up. I have a report that states this and so does the landlord. Suprisingly enough he had it fixed within 5 days of that report yet had some 300+ days to do something about this in the first place.

    He also stated that he was only one man and couldn't do anything all at once - and his repairs were based on his financial situation.

    He is now suing for 2 months of rent and court fees/interest of 150$.

    Some of my facts here are just word of mouth and some PC print outs of the repairs needed. Some pictures were taken - but theres not much in the line of pictures I could of taken for broken fans or broken buzzers.

    Some advice would be helpful? I think I stand a good chance but I'm not very experienced with law or court processes. I don't have a lawyer and can't afford one to be honest. I am searching alternatives as we speak.

    If anyone can provide me with any information it would be greatly appreciated.


  • #2
    re: Will I be found liable? Landlord suing me for 2 months of rent and court fees

    You need to pay rent on time normally even with violations but you can also sue him for the itemized problems and decrease in lease value--It is permitted to break the lease if they have failed to comply with the lease and/or there are health, noise or safety concerns--but save all information, evidence etc.


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