Renting house - ex grow-op - not disclosed - health issues

[born2workoncars]

Beyond,

Looking for some advice:

I've been renting a house for the past 1.5 years, and I wasn't told upfront that it used to be an illegal marijuana grow-op. I found evidence in the basement 6 months after moving in. I called the landlord on it and he admitted that the prior tenants had grown weed.

I love location and the backyard, but over the past 12 months I've been having health issues which have mainly manifested as skin rashes and poor immune system function. I suspected that the house might be contaminated, but now that I'm experiencing Allergic dermatitis over my entire body, I've decided to leave right away.

My lease isn't up till end of May, but I'm meeting with the landlord tomorrow to let him know I'm out March 31. I won't be paying rent for April, and I also will be requesting my damage deposit back.

My questions are:

1. Am I entitled to break the lease because the landlord wasn't upfront about the house being a grow-op? (Didn't admit it until I called him on it)
2. Do I have any leverage to get my DD back?
3. Do I have any legal rights in this situation?
4. Should I pay to have the air quality tested in the house?

I'm in the process of moving out now, but will upload pictures of mold and moisture damage in the ceiling of the basement.

They initially told me that the basement was stripped for a Reno and then they realized the windows were too small to legally have tenants, but I realize now that was a BS excuse and it was probably too expensive to properly repair the damage.

Cheers!!!


PS:

InB4 'y didn't u move out right away when u found out' - health issues started slowly and I didn't immediately connect the dots. Low IQ or plausible deniability, whatever.

[Xtrema]

http://www.health.alberta.ca/documen...ng-Minimum.pdf

Probably fall under V. Sanitation, your landlord failed Residential Tenancies Act. If you get evidence of mold, you should be able to break the lease easy.

Also, call AHS so they condemn the place so landlord can't rent it out again. Once AHS made the ruling, then use that as leverage for legal action for compensation.

[FraserB]

Call RTDRS and ask them.

AHS should also be able tell you if it was a grow op and whether a remediation order was issued for it and if one was, if it was followed.

[90_Shelby]

Originally posted by born2workoncars

Beyond,

Looking for some advice:

I've been renting a house for the past 1.5 years, and I wasn't told upfront that it used to be an illegal marijuana grow-op. I found evidence in the basement 6 months after moving in. I called the landlord on it and he admitted that the prior tenants had grown weed.

I love location and the backyard, but over the past 12 months I've been having health issues which have mainly manifested as skin rashes and poor immune system function. I suspected that the house might be contaminated, but now that I'm experiencing Allergic dermatitis over my entire body, I've decided to leave right away.

My lease isn't up till end of May, but I'm meeting with the landlord tomorrow to let him know I'm out March 31. I won't be paying rent for April, and I also will be requesting my damage deposit back.

My questions are:

1. Am I entitled to break the lease because the landlord wasn't upfront about the house being a grow-op? (Didn't admit it until I called him on it)
2. Do I have any leverage to get my DD back?
3. Do I have any legal rights in this situation?
4. Should I pay to have the air quality tested in the house?

I'm in the process of moving out now, but will upload pictures of mold and moisture damage in the ceiling of the basement.

They initially told me that the basement was stripped for a Reno and then they realized the windows were too small to legally have tenants, but I realize now that was a BS excuse and it was probably too expensive to properly repair the damage.

Cheers!!!


PS:

InB4 'y didn't u move out right away when u found out' - health issues started slowly and I didn't immediately connect the dots. Low IQ or plausible deniability, whatever.

1. No
2. No
3. No
4. Irrelevant since you have not discussed anything with your landlord and you're simply packing up and leaving.

There are channels and proper methods for both Landlords and Tenants to deal with issues (RTDS). For the same reasons that a landlord can't simply throw someone out of their property, a tenant can't pack up and bail on their lease agreement without any (formal) notice, complaint, or concern.

[born2workoncars]

Originally posted by 90_Shelby


1. No
2. No
3. No
4. Irrelevant since you have not discussed anything with your landlord and you're simply packing up and leaving.

There are channels and proper methods for both Landlords and Tenants to deal with issues (RTDS). For the same reasons that a landlord can't simply throw someone out of their property, a tenant can't pack up and bail on their lease agreement without any (formal) notice, complaint, or concern.

Interesting. So you could rent a house infested with mould and the tenant would be stuck living there?

[spikerS]

you would need to have documented evidence that the house was not safe to live in. At this point, you are making an assumption that your "health issues" are related to the house being a "grow op" when the landlord said the previous tenant "grew weed".



so, without documentation from AHS saying that the house is unfit to live in, and a doctor's note that directly links your health problems to the current environment you are living in, you are pretty SOL.

[born2workoncars]

Originally posted by spikerS
you would need to have documented evidence that the house was not safe to live in. At this point, you are making an assumption that your "health issues" are related to the house being a "grow op" when the landlord said the previous tenant "grew weed".

so, without documentation from AHS saying that the house is unfit to live in, and a doctor's note that directly links your health problems to the current environment you are living in, you are pretty SOL.

Thanks spikers! Hilarious meme!

That's some solid advice, I'll buzz AHS tomorrow and get my hands on an air quality test kit as well. I talked to a doctor tonight and it seems like I am suffering from allergic dermatitis. He mentioned aspergillus niger as something that could cause it.

Hope you and the kids are doing well. I'll update the thread when I know more.

[90_Shelby]

Originally posted by born2workoncars


Interesting. So you could rent a house infested with mould and the tenant would be stuck living there?

No. If you have a concern with the living conditions you have to formally take it up with your landlord documenting your concern. If the landlord refuses to acknowledge an issue you can take your complaint to the RTDS. They will advise on the legal steps to take if your landlord has been negligent and what the steps would be to break your lease.

[blairtruck]

The government says i can grow 4 weed plants in my house right now. are they going to condemn all the house that grow weed lol

[HiTempguy1]

Or, just break the lease

Odds of them taking you to small claims over 2 months rent? Unlikely.

I don't believe you breaking the lease is a valid reason for them to keep the damage deposit either, but good luck with that.

The reason I advocate this is because OP said there was mould. As politely as possible, fuck that landlord. Shady shitass landlords are just as common as tenants. Cut and run, anything else will take too long.

[J-hop]

Originally posted by 90_Shelby


No. If you have a concern with the living conditions you have to formally take it up with your landlord documenting your concern. If the landlord refuses to acknowledge an issue you can take your complaint to the RTDS. They will advise on the legal steps to take if your landlord has been negligent and what the steps would be to break your lease.

I don't know, my inclination would be to immediately go third party get testing done then take it up with the landlord.. he doesn't owe the landlord any favours at this point....

If the tests determine there is a Heath risk then you have no legal obligation to stick to you lease as the landlord hasn't met minimum health standards as per the Alberta landlord and tenant act.

Sure you can't just leave based on no proof but if a problem is found you are in no way required to stay as far as I know.

[Xtrema]

Originally posted by blairtruck
The government says i can grow 4 weed plants in my house right now. are they going to condemn all the house that grow weed lol

Yes. You can grow it but they didn't say where you can or cannot.

It's also legal to take a shit in your living room, it doesn't necessary pass health code.

[Rocket1k78]

Originally posted by born2workoncars
[B
My lease isn't up till end of May, but I'm meeting with the landlord tomorrow to let him know I'm out March 31. I won't be paying rent for April, and I also will be requesting my damage deposit back.
[/B]

Total dick move! You would have a better chance at winning a false slip and fall case if you wanted to pursue legal action. You cant just up and move last minute if you "suspect" theres a problem. Why didnt you let the land lord know ahead of time?

Originally posted by 90_Shelby

There are channels and proper methods for both Landlords and Tenants to deal with issues (RTDS). For the same reasons that a landlord can't simply throw someone out of their property, a tenant can't pack up and bail on their lease agreement without any (formal) notice, complaint, or concern.

OP is a bad tenant imo

[riander5]

Originally posted by 90_Shelby


No. If you have a concern with the living conditions you have to formally take it up with your landlord documenting your concern. If the landlord refuses to acknowledge an issue you can take your complaint to the RTDS. They will advise on the legal steps to take if your landlord has been negligent and what the steps would be to break your lease.

I feel like this guy owns properties and has been jerked around by tenants before haha

[LilDrunkenSmurf]

Packing up and leaving in the next 2 days with no warning, and no plans to pay rent is a pretty dick move. You've done nothing in the last few months to remediate the issue in any way, aside from asking the landlord.

It sounds like you've dealt with it, randomly decided you were fed up, and now plan on moving with no notice.

[born2workoncars]

Met with landlord today - discussed situation and he was empathetic. Getting my DD back and I'll be out on the 1st rent free. He offered to remediate the basement and let me live rent free for a month, but at this point I'm spooked by the place.

Thanks for everyone's input!

[Rocket1k78]

Originally posted by riander5


I feel like this guy owns properties and has been jerked around by tenants before haha

Rental properties are like motorbikes, its not if you'll go down, its when you'll go down

The shitty thing in alberta is the tenants have all the rights so i dont know why op didnt bring this up sooner with the RTDS or even the landlord for that matter.

glad you got off scott free op

[born2workoncars]

Originally posted by Rocket1k78


Rental properties are like motorbikes, its not if you'll go down, its when you'll go down

The shitty thing in alberta is the tenants have all the rights so i dont know why op didnt bring this up sooner with the RTDS or even the landlord for that matter.

glad you got off scott free op

Why go thru the hassle of RTDS when I was able to discuss the situation in person and come to an amicable agreement? No reason to waste resources if it isn't required.

I would suspect being a clean, punctual renter who was a couple months from end of lease would have something to do with it. The very obvious mould infestation would be another. But I don't want to jump to conclusions

[rx7boi]

only on Beyond:

OP - "I suspect this former grow op is giving me rashes and compromising my immune system. I'd like to get out of here for the sake of my health even though I like the place and I've been living here for 1.5 years."

Beyond - "Yeah, but you're still being a dick. Where's your proof? Your health means nothing to us without proof."

[Rocket1k78]

Originally posted by born2workoncars


Why go thru the hassle of RTDS when I was able to discuss the situation in person and come to an amicable agreement? No reason to waste resources if it isn't required.

I would suspect being a clean, punctual renter who was a couple months from end of lease would have something to do with it. The very obvious mould infestation would be another. But I don't want to jump to conclusions

I thought you were joking about the low IQ part but im beginning to think not
You're lucky it came to an amicable agreement, if you were renting my place and wait till the second last day of the month to inform me of a mould problem(that had to have been going on for awhile) and want to break a lease and want your dd back you'd better believe were going to court if you think im going to give you the dd back.

The landlord is a total POS for not disclosing the grow op but as a renter you have a responsibility to let the landlord know of any issues too so unless you had magic over night mould i still dont understand WHY YOU DECIDED TO WAIT TIL THE LAST MINUTE to let him know? Its not like you're going to be on the hook for the remediation of it. I would love to be a renter and just live care free and call my land lord with any problems lol