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calepeters
09-13-2010, 09:54 AM
Hello, I've recently run into a lot of issues with my landlord and am wondering if it is enough of a reason to break my lease, the building has a common area shut down (for about four months now) because it needs repairs and management does not want to fix them. The area is our designated bbq area as we are not allowed to have a bbq on our balcony,
the elavators rarely work and we live on the 11 floor, when thwey do work, they take a really long time and and is not uncommon to wait 10 minutes for one so you may as well take the stairs. When they do work they tend to get stuck. I have been stuck 3 times to date (once for nearly an hour) and many other tenants get stuck on a regular basis. When stuck, the elevator will jerk around like it'd trying to move but it honestly reels like your on the drop of doom ride.
And the most recent eleven was an electrical issue that caused a small fire on four floors, I am now living in a hotel for the next few days until were allowed back in.

I no longer feel safe living there and do not want to go back. But am nervous what's gonna happen because my father cosigned my lease and I don't want him to be penalized.
thoughts?

thrasher22
09-13-2010, 10:19 AM
Yes, but you may have to take them to court. Just the threat of taking them to court might be enough for them to agree to terminate the lease though.


A landlord has to maintain the residential premises in good repair in compliance with all building, health, fire and safety standards and is required to perform any other obligations outlined in the residential tenancy agreement.

If a landlord does not fulfill the landlord's obligations, the RTA says the tenant may apply to court for one or more of the following remedies:
a. Recovery for damages because of the breach or contravention by the landlord
b. Reduction in rent (abatement of rent) if the tenant has lost a benefit of the tenancy
c. Compensation for the cost of performing the landlord's obligations, or
d. Termination of the tenancy by reason of the breach or contravention if, in the opinion of the court, the breach or contravention should cause the tenancy to be terminated

From page 32 of http://www.servicealberta.gov.ab.ca/pdf/vcop/Code_of_Practice.pdf

Cos
09-13-2010, 10:32 AM
Mayfair place by chance?

Xtrema
09-13-2010, 10:41 AM
Originally posted by thrasher22
Yes, but you may have to take them to court. Just the threat of taking them to court might be enough for them to agree to terminate the lease though.



From page 32 of http://www.servicealberta.gov.ab.ca/pdf/vcop/Code_of_Practice.pdf

Ask nicely then that take this route if they refuse.

It's not your problem that your landlord bought shitty property.

IMO, apartments in Calgary are shitty investments. Especially anything over 10 yrs old.

calepeters
09-13-2010, 10:43 AM
yes this is mayfair place, im going there today to get my school books, I can't afford to keep paying for hotels, im a poor university student haha.

Cos
09-13-2010, 10:46 AM
Originally posted by calepeters
yes this is mayfair place, im going there today to get my school books, I can't afford to keep paying for hotels, im a poor university student haha.

Renters insurance should cover this.

bubbley
09-13-2010, 10:52 AM
Holy crap what a shit hole..best thing to do is contact your tenant and tell them you are living due to safety reasons.

Most likely they will comply and then get something signed stating the lease is over. In the worst case scenario they won't agree, at that poin you can pursue other options.

It's worth a try though. As a landlord myself I would accept the termination.