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Can i win a court against my landlord for rats and mice

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  • Can i win a court against my landlord for rats and mice

    This issue has been a nightmare and i hope someone could provide some advise . I moved into a building April 2019 and couple of months later I started seeing mice and rats . I wrote to the landlord many time to come and solve the issue but landlord never sent anyone to look where they were coming from ,and only put poison . This has not resolved my issue as they were keep coming . I sent them a notice on 1aug stating that due to the fact that they are not able to resolve the matter i will move end of October. I got a response from them saying i have to continue the lease and i can not move out unless i can bring someone to take over the lease. I put an add for the unit and i found someone who was willing to take over the lease however when i they went to the office they told them they increased the rent and that they will need to pay more so they left and decided not to take it. I put another add with the new price they requested and again they did the same thing three times , everytime i find someone who is willing to take over the lease they give me new price and people end up leaving. Again i put add with the last price they asked which was 200 dollars more that what i was paying and when people called the office they will not answer them or answer the emails or tell them my unit is not available and end up showing people other available units . In beginning of October i called health department and they came and inspected my unit and found 6 holes in my unit , they told the landlord to block it and they did ,but they did so by end of October. As i was fed up of the situation i did not pay for October right away which i ended up paying after the blocked the holes . However because i was late in payment they sued me and i have a court date with them December 2nd, I would like to know , can i bring to the court all the evidence as i have pictures of all the holes as well as all the damage ti my cloths and pictures of the mice? Will i get my rent back for all the inconvenience of all these months i had to live with rats . Not to mention also that i was avoiding sleeping in the apartment and i was sleeping at friends places because of the fear of the rats and until now i have mental health issues and sleeping disorder because of what i have lived through??or will i have to file a separate court file against them? Will i get anything back?

  • #2
    Re: Can i win a court against my landlord for rats and mice

    Law requires landlords to keep their rental properties habitable. This means ensuring the safety of their buildings and dealing with potential health hazards like vermin infestations. Landlords can face fines or lawsuits if they don't take appropriate action against vermin infestation. Landlord-tenant laws place some responsibility for the control of mice and other vermin on tenants. These laws often require tenants to keep their property clean and sanitary. If you cause a mouse problem by allowing trash to pile up or failing to store food properly, you may have to pay the extermination costs. Check your lease agreement or contract to see if there is any specific clause regarding the problem. When you attend the court, you may have to prove that you made a good-faith effort to resolve the issue. It should explain why you withheld the rent.

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    • #3
      Re: Can i win a court against my landlord for rats and mice

      It was not due to cleaning. I was cleaning the apartment everyday. it was through the holes that we found after 7 months in the heater systems . 6 holes that I kept asking the landlord to send someone to inspect the place and find where they were coming from by they never did, instead my landlord called me a liar and that I'm only making excuses to terminate my lease early. I have pictures of the mice and the holes and evidence of some damage . thanks so much for the information you provided

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      • #4
        Re: Can i win a court against my landlord for rats and mice

        I wish to inform you that you may file a complaint with the City (Property Standards). You must provide a copy to the landlord. The Property Standards inspector will inspect the building. If the inspector believes there is an infestation, they can issue an order against the landlord and schedule a follow-up visit. The inspector can ask the landlord to seal cracks or crevices.

        AFF

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        • #5
          Re: Can i win a court against my landlord for rats and mice

          Read Canada's Residential Tenancy Act for the landlord's obligations and your potential remedies:

          http://www.bclaws.ca/civix/document/...atreg/02078_01

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          • #6
            Re: Can i win a court against my landlord for rats and mice

            OMG I would be gone in 1 hour.
            That's gross.

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