tag:blogger.com,1999:blog-6703393754400182307.post6921284064825667035..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: More Heat Please--It's Cold in my Apartment!Michael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger207125tag:blogger.com,1999:blog-6703393754400182307.post-86395020788314833532023-05-29T10:50:47.815-04:002023-05-29T10:50:47.815-04:00More facts would be handy to have. It is very odd...More facts would be handy to have. It is very odd for a landlord to lock the thermostat (plastic cover over thermostat style?), if the tenant is indeed paying the utilities. Most often, a locked thermostat is because the landlord is paying utilities and doesn't want to pay for a lot of heat or a lot of cooling. That, perhaps, is understandable and acceptable (though it is arguable). Another reason to lock the thermostat is to prevent the tenant from turning off the heat in the winter. It is to protect the unit from freezing the pipes. Otherwise, I can't really think of a good reason why the landlord would lock the thermostat if the tenant is paying the utilities. I've seen some instances where some landlords think that using the furnace and AC represent the units working too hard and wearing out or the units having to work to hard in hot weather to cool down a house etc.. That is all nonsense, but I've seen it. <br />Ultimately, I think you should take a look at your lease for guidance. If you are paying your utilities then I think you have the right to adjust the temperature as you wish and as you see fit. For the landlord to lock the thermostat he would need a very good reason and he owes you an explanation. If there is no good explanation then you might consider filing an application at the LTB against him for interference with your reasonable enjoyment of the property.Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-11764332283246346642023-05-28T16:35:41.142-04:002023-05-28T16:35:41.142-04:00Can landlork lock thermostat if tennant pays utili...Can landlork lock thermostat if tennant pays utilitiesAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-78322592607225342272023-02-27T07:22:17.436-05:002023-02-27T07:22:17.436-05:00The circumstance is obviously unacceptable. The l...The circumstance is obviously unacceptable. The landlord needs to come up with an emergency solution. The answer is not to simply "freeze" pending the part arriving. No one would think this is acceptable.<br /><br />Legal options include contacting your city/town/township office and finding out if they have a heating bylaw. Many do. That bylaw allows the City to make orders and to take emergency steps to provide heat. So, start there to see what can be offered.<br /><br />Heating a "house" with space heaters can be effectively impossible---or not done as easily as a smaller apartment. That being said, could space heaters be effective? Are there alternative sources of heat? I wonder if the HVAC company that ordered the part has any option to provide temporary heat pending the repair? These are all things that the landlord needs to explore and that you have to insist upon.<br /><br />The next alternative (I think) is that you find a nice hotel/motel/Airbnb and you advise the landlord that he has to make arrangements for you to have a place to stay on his dime. He needs to find a solution to give you habitable space--i.e. with reasonable and proper heat.<br /><br />I spoke with an HVAC technician not long ago and we were talking about emergency no heat calls. As I am in this area of law I asked about "responses" by property owners. The not so surprising answer was that if the property owner lived in the property and this problem existed then they'd be installing a new furnace immediately (waiting two weeks for a part just doesn't happen). He then said that for rentals landlords are more willing to "wait" and shrug their shoulders at the tenant's problem of no heat. A disappointing answer for sure.<br /><br />So it should be recognized that in this answer I'm placing a very high burden on the landlord to fix the heat immediately and that a 2 week wait for a part is not acceptable. I think this is a fair interpretation of the law and a fair reflection of heat as a "vital service" as defined in the Residential Tenancies Act. Of course, there can be pushback by landlords and paralegals who may disagree that the duty is so high. They tend to cite a case called Onyskiw which sets the bar on a landlord's response to maintenance issues--and excuses delayed repairs where reasonable steps are taken. To that, I'd point out that in Onyskiw the landlord took extraordinary measures to mitigate against the impacts of the non-repair (and those steps were expensive). Your landlord needs to take similar extreme steps to mitigate against the delayed repair of your furnace. Anything less is unacceptable.<br /><br />If your landlord does not engage then it will be important to document your demands to him. Explain that living in a house at 5 degree is unacceptable. Document asking for emergency heat, space heaters, contact the City, etc., then demand that he put you up in a hotel/motel/airbnb etc.. If he fails to act then you likely have no choice but to protect yourself from freezing and move somewhere temporarily. Keep your receipts, and eventually when the furnace is repaired and you are back in possession you can consider how to claim your expenses from the landlord. There are a few different ways to do this--discussed elsewhere in this blog---take a look at the Non-Payment of Rent articles and section 82 relief or alternatively, just file a T2 and T6 application against the landlord. The T2/T6 is how the LTB would want you to proceed but the disadvantage is that it will take a very very very long time to have a hearing. I will warn you though, if you are driven to self help (i.e. hotel/motel, renting space heaters, etc.) you can't 100% count on recovering the costs--you will still need to convince an adjudicator at the LTB that the landlord should be liable and if you get the wrong judge you will be dealing with the Onyskiw argument that the landlord did "everything he could".<br /><br />Good luck<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-70018890146884158632023-02-26T22:39:52.336-05:002023-02-26T22:39:52.336-05:00Thank you so much for such a detailed answer. It ...Thank you so much for such a detailed answer. It makes so much sense now that it's been explained, especially with this being an older building. After talking with neighbours to confirm they are feeling the cold too, we've let the building manager know. I really appreciate your time and expertise, thanks again!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-27582540129496951752023-02-24T06:30:56.771-05:002023-02-24T06:30:56.771-05:00Hi,
The Residential Tenancies Act based answer is ...Hi,<br />The Residential Tenancies Act based answer is likely reflected in section 4 from O.Reg. 516/06 (this is a regulation to the Residential Tenancies Act):<br /><br />Definition of “vital service”<br />4. (1) For the purpose of the definition of “vital service” in subsection 2 (1) of the Act, September 1 to June 15 is prescribed as the part of the year during which heat is a vital service. O. Reg. 516/06, s. 4 (1).<br /><br />(2) For the purposes of subsection (1), heat shall be provided so that the room temperature at 1.5 metres above floor level and one metre from exterior walls in all habitable space and in any area intended for normal use by tenants, including recreation rooms and laundry rooms but excluding locker rooms and garages, is at least 20 degrees Celsius. O. Reg. 516/06, s. 4 (2).<br /><br />(3) Subsection (2) does not apply to a rental unit in which the tenant can regulate the temperature and a minimum temperature of 20 degrees Celsius can be maintained by the primary source of heat. O. Reg. 516/06, s. 4 (3).\<br /><br /><br />Subsection 2 of the above likely captures the common hallways as it is habitable space and that space is at least as important as the other spaces described.<br /><br />Aside from the RTA provisions, this issue is very likely covered in your local municipal bylaws as well. If your landlord is a reasonable company/individual, what you are describing is a maintenance issue. I don't know what your building's set up is, but I know that most apartment buildings have air handling units--typically on the roof--bringing fresh air into the building and depositing that air in the hallways. The dumping of air in the hallways causes a positive pressure relative to the rental units meaning the hallway air is trying to get into the rental units. This is purposeful. Most often the entrance door to the unit has an open space beneath it. The reason for the space is so that the hallway air (that is fresh) can get into your unit. The stale air in your unit then is to escape from your unit--typically through the bathroom vent and/or the stove top vent. The design purpose is to give occupants fresh air without the need to open windows (or so that windows that open do not need to be installed). <br /><br />The key to the air being pumped into the hallways is that it is usually heated--at least somewhat. If your hallways are freezing perhaps the heater is broken and needs repair. Sometimes, to save money, landlords turn off the make up air unit--the building then gets stuffy as the do the units. If you're getting cold freezing air I'd guess you have a repair issue that the landlord is unaware of.<br /><br />Why go over the above about air handling (and my likely poor description causing any HVAC guys to cringe at my explanation)? Well, I mention it so that you know the air in the hallways and the air handling system for the building is designed to work with your rental unit. It is a combined system. Hence, the landlord's obligation to repair it properly is engaged under section 20 RTA. You might hear an argument that you should "insulate" your door or block the space beneath it, etc. etc. suggesting that you have to heat against the outside world just like everyone else etc. etc.. That isn't a correct argument against your complaint about the cold hallway air. You likely need that air as the way to refresh the air in your own unit and make it habitable and comfortable.<br /><br />Good luck.Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-59329299240741832602023-02-23T23:46:11.190-05:002023-02-23T23:46:11.190-05:00Hi there, I have a question about heat in hallways...Hi there, I have a question about heat in hallways of a small (3 story, 8 unit) apartment building. Tenants have the ability to control the heat in their individual units, but the hallways are very very cold (about 11 degrees right now) and it is creating very cold drafts that are constantly blowing through the front door of the units. This means my heat inside my unit is having to be set higher than it has in past years. In previous years in this same building, this has never been an issue. I can't seem to find information on a minimum temperature for the common areas, does such a requirement exist?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-26666035169256497762023-02-14T17:05:20.228-05:002023-02-14T17:05:20.228-05:00Re: the increase in gas and electricity costs. Yo...Re: the increase in gas and electricity costs. You are correct to be worried and concerned. The increasing costs will of course affect those landlords who include utilities in their rent. Where tenants pay their own gas and electric it is a little easier for those landlords. To the extent that rents may be increased in accordance with an annual guideline increase amount the effect of inflation may be reduced if the landlord does serve a Notice of Rent Increase. That sounds like it might be a reasonable response to inflationary pressure but what is not widely known is that the annual guideline increase amount is capped---meaning, the allowable increase does not actually reflect real inflation. For a long time this did not matter as inflation was well below the 2.5% or close to it. That isn't the case any more. Some readers may recall that a landlord could bring an Above Guideline Rent Increase Application for increased utilities. While the process was a hassle there was at least a way to do it. Now, this is no longer a possibility as the Rental Fairness Act, 2017 amended section 126 (RTA) to remove AGI increases based on increases to utilities charges. So, a landlord is out of luck and landlords who have not served regularly Notices of Rent Increases and have very low rents will find themselves in the predicament you describe. The problem continues because it isn't so easy to shut down a rental--because not wanting to be a landlord anymore isn't grounds to terminate and evict.Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-24512710379060480762023-01-03T14:53:32.285-05:002023-01-03T14:53:32.285-05:00Please see the comment to Anne below--you can foll...Please see the comment to Anne below--you can follow a similar course of action. The trick these days is to get action quickly (because you're cold now). The best recourse is a call to property standards of your local city/town/municipality. As mentioned to Anne in the comment below, perhaps you have a local heat bylaw too. There is always the possibility of seeking a rent abatement and filing a T2 and T6 Application to the LTB. It is certainly worth doing this (filing at the LTB) but don't expect a timely resolution through this process.Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-684248491009377002023-01-03T12:11:59.030-05:002023-01-03T12:11:59.030-05:00Hi Anne, You may certainly ask them about problem...Hi Anne, You may certainly ask them about problems with your thermostat. Make sure to ask in writing or through whatever system the landlord has for "work orders". As for measuring the temperature in your unit you can always pick up a "cheap" outdoor thermometer and hang it from a string in the middle of the room for continuous and simple temperature measuring. Believe it or not I had a client record the temperature in the room this way by taking video and photos of the thermometers to prove to the LTB that there was very little heat in the unit.<br /><br />You should generally be aware that many cities in Ontario have passed "heat bylaws". In Ottawa, we have Heat By-Law No. 2010-210, if you want to look it up as an example. These bylaws are useful because getting action through the Landlord and Tenant Board can be brutally slow. The By-Law process is complaint activated so, if you are fortunate enough to live where there is a heat bylaw (or general bylaw that otherwise deals with heat) then you can get the city/town/municipality to take action. They will, in some circumstances, enter the property and fix what needs to be fixed so that you have heat and they charge it back to the landlord.<br /><br />Good luck. Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-29567081981979232142022-12-14T19:56:46.047-05:002022-12-14T19:56:46.047-05:00Hi. I currently live in a rental unit where the le...Hi. I currently live in a rental unit where the leasing company said that the thermostat is controlled by the temperature outside. It is currently cold outside but the heat is barely on and the temperature inside our unit is less that 20⁰ Celsius (I got this reading from a thermostat app on my phone) and even without the reading it's very obvious that it is cold inside the unit. I have no control over how much heat we get. Am I allowed to ask them to see if our thermostat is broken (because the one on the wall has not changed since summer) or what else can I do to ensure that they provide us with enough heat so that our unit is above 20⁰C since the lease agreement that both I and the company signed stated that they are responsible for heating the unit?Annehttps://www.blogger.com/profile/00449436806928486780noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-64645223086186275072022-11-20T15:30:32.556-05:002022-11-20T15:30:32.556-05:00Hi Mr Thiele I'm renting a house un Toronto an...Hi Mr Thiele I'm renting a house un Toronto and we have a 3rd bedroom that in the winter months doesn't warm up as the rest of the house. I have logged 12 degrees Celsius while the home thermostat registers 22 degrees for the rest of the house. The landlord has tried investigating and just recently after indicating he would install a wall heater he has indicated that it's a Hazard and instead dropped off a $30 floor heater. This house was leased As 3 bedroom home and now we have this issue. What remedy/steps would you recommend we take?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-39941378117247876502022-09-26T22:02:24.698-04:002022-09-26T22:02:24.698-04:00So now that gas and electricity is probably going ...So now that gas and electricity is probably going to doubke this year exactly how will homeowners contine to rent places at the same cost? I realize there is a board but really it may almost be better to shut down the rental altogether Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-27548166110650507012022-04-11T11:18:29.190-04:002022-04-11T11:18:29.190-04:00Hi, we pay all utilities for the house we rent. A ...Hi, we pay all utilities for the house we rent. A couple days ago, the furnace started not working properly and the landlord sent a technician to check. Turned out one part was needed to be replaced. Two days later, the landlord messaged us that the company placed the order for the part but it would takes two weeks for it to be in. We do not have heat now and the average temperature is 5 degrees Celsius these days and it is even going to drop next week. Can we do anything? Thanks a lot<br />Anonymoushttps://www.blogger.com/profile/05155699432175709411noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-66133104767037963522020-05-02T10:12:17.049-04:002020-05-02T10:12:17.049-04:00Hi. How very strange. "Where" the heat...Hi. How very strange. "Where" the heat sources are located is not specifically set out in the Residential Tenancies Act (RTA). However, the RTA does require a rental unit to be fit for habitation and to comply with housing standards. I wonder if your house complies with building standards if it has no heat source in the bedrooms (I really doubt it). I think I'd start with the Building Code Act and then Property Standards to find specific law on point. Alternatively, and perhaps most easily, call the local Property Standards Department and ask for an inspection. I presume that the bedrooms must get quite cold and basically be uninhabitable in the coldest of winter. This would in itself be an issue that you can take up with the LTB--even without reference to a building standard--however, a building standard breach would be the easiest claim to assert. <br /><br />Have you asked your landlord what this is all about? I'd be curious if this is an oversight, intentional, or if perhaps baseboards were removed from the bedrooms. Very strange indeed.<br /><br />Michael Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-63507707333775955112020-04-29T16:51:58.939-04:002020-04-29T16:51:58.939-04:00Hello, I pay all my own utilies but the house I re...Hello, I pay all my own utilies but the house I rent has a no heat source in the bedrooms. No vent, no radiator, not electric baseboard. Is this allowed?Anonymoushttps://www.blogger.com/profile/09188063135111786679noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-18459224409410837172019-10-15T10:04:56.429-04:002019-10-15T10:04:56.429-04:00HI Chris: I wish I had a better suggestion for yo...HI Chris: I wish I had a better suggestion for you than what I'm going to suggest. Anyway, as I understand what you're describing, you are walking in the common hallways and feel fresh air being blow into the hallways with quite some force. That air is the temperature of outside air as it likely is exactly that--outside air being drawn into the building through vents and big fans. You describe it as an "air exchanger" but I don't think it is--though I'd love to have an HVAC person comment and clarify. My understanding is that the air being blown into the hallways is actually for the purpose of increasing the air pressure inte hallways relative to the pressure of the air inside the apartments. This positive air pressure enters into units under the doors to the apartments. That air pressure keeps apartment smells, cooking smells, inside of the apartment. That air then vents through the bathroom vent, kitchen vent, or any window or patio door that you open to the outside. The idea is that air is not shared between units and not everyone needs to know what everyone else is cooking for dinner just by walking past the door in the hallway and taking a sniff.<br /><br />So, I think that is the purpose of the air you are talking about and getting it turned off, therefore, is not a practical option. In fact, you don't really want to have it turned off given what that air does. Is there a solution?<br /><br />I've had the experience once in a building I was dealing with where it was discovered that the heater in this "air exchanger" (I'll call it that--though it might be called something else) was broken. It turned out that turning it on was the responsibility of the superintendent at the turn of seasons. People complained (it was a condo building) about how cold the hallways were. It turned out the heater was turned on but the heater itself was broken. HVAC was called in and the problem was immediately solved. Based on what you're saying I'd guess that the heater isn't turned on or it is broken. Perhaps the landlord does not know about this function (in which case getting it turned on shouldn't be too difficult). Alternatively, and the possible bad news is that the landlord is fully aware of the issue and is purposely not turning on the heater to save money. I suppose the way to find out is to raise the issue with the super or the landlord and see if anything happens.<br /><br />Failing that, I'd consider a call to the City (Property Standards) and an application to the Landlord and Tenant Board (T6 application). I don't know enough about these things to determine a clear strategy---so I'd consult an HVAC person about these things and apartment buildings and the standards and specs for the operation of these "air exchangers". I can't imagine that the section 20 Residential Tenancies Act (landlord's maintenance obligation) would allow or consider a unit or residential complex fit for habitation with freezing cold air being blown in the hallways. Collecting some evidence of how cold the air is that is blown in would be quite useful. Is it the same as outdoor temperatures?<br /><br />Anyway, that's all I have for you on this issue. Like I said, to do more a better understanding of these systems is needed. See if you can find an HVAC person or maybe there are some decent google resources that set out how these things are designed to work.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-2227861482540820282019-10-13T11:49:38.555-04:002019-10-13T11:49:38.555-04:00hello I rent a apartment and we pay for hydro with...hello I rent a apartment and we pay for hydro with electric baseboard heaters, the problem is the building has air exchangers that they leave on all day and the cold air blows into our apartment through a vent and our door. I truly believe we should not have to pay hydro when it is them that are making the place cold. if I left windows open then it would be my fault but its them letting in the cold all day, can we do anythingchrishttps://www.blogger.com/profile/17677820103490265236noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-5630084436829585272019-10-10T07:50:16.027-04:002019-10-10T07:50:16.027-04:00Hi:
I can so relate to this problem. Years ago I...Hi:<br /><br />I can so relate to this problem. Years ago I was a tenant in a building with radiator heat that was terribly unbalanced. The only way I could fall asleep was to take the coldest shower possible, get to the point of shivering and then hop into bed hoping to fall asleep before the heat could make sleep impossible again.<br /><br />The solution, I think, turns on the question of whether your unit is "fit for habitation". To that end, get a thermometer and track the temperature throughout the day for several days etc.. Email or text the landlord to advise that the unit is too hot. If you really don't anticipate cooperation from the landlord you could even state in the email/text that you are complaining in this way so that you have proof of the complaint on your application to the landlord and tenant board (maybe this spurs action). If your landlord does reply, or asks what they should do or what you want them to do, advise that you'd like an HVAC person to come to your unit to propose solutions to make the unit fit for habitation.<br /><br />What is this "fit for habitation" phrase all about? If you look at section 20 of the Residential Tenancies Act you will see the landlord's obligations spelled out for the condition of the unit. The phrase "fit for habitation" is contained there. You will assert that the temperatures in your unit make the unit "unfit" for habitation thereby putting the landlord in breach of section 20. The way that you assert the breach is through a T6 and T2 application (file them combined), and the forms (available on the LTB website), guide you as to the remedies you can seek to get the problem solved (including a rent abatement).<br /><br />A question that the LTB will require you to prove is what is "fit for habitation" relative to temperature in a rental unit. Someone is likely to quickly point out that the RTA doesn't speak to maximum temperatures (only minimum) and so you don't have a leg to stand on. To that I say "nonsense". Temperature of a rental unit as it relates to mandatory minimums and to the unregulated maximum all must be considered in the context of the purpose of the rental unit (i.e. to live in). As a residential unit the services supplied must be consistent to Canadian norms and expectations. This, I think, informs the notion of "fit for habitation". There is caselaw that speaks to this and I expect that an adjudicator would be familiar with that law. <br /><br />What would be useful for you to bring is scientific studies, governmental authority from Boards, commissions, etc., and other authoritative work that speak to temperatures inside homes and like places. For example--you can likely find medical literature, probably something from Canada Mortgage Housing Corp, all speaking to heating and cooling. There are probably HVAC organizations that also speak to the dangers of too high heat (as well as too cold). I quickly googled the issue and just saw interesting information from the Canadian Centre for Occupational Health and Safety that speaks to acceptable temperature ranges in workplaces.<br /><br />Good luck with this, if you do follow through with an application to the LTB and a decision is released I would appreciate a copy of it. Your issue is not entirely uncommon.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-41640882812518468772019-10-07T15:28:55.546-04:002019-10-07T15:28:55.546-04:00Hi, I have a bit of an opposite problem. I live in...Hi, I have a bit of an opposite problem. I live in an apartment building and heating is centrally regulated, I am unable to regulate the temperature in my unit. Temperature and the air in the unit is extremely warm and dry. It gets so warm in the winter that I can't sleep and if I do, I wake up sweating like I just run a marathon. Due to extreme wind in Toronto, opening a window is not really an option and would be waste of energy anyway. <br />Management mentioned last year that some people were complaining that it was cold. <br />What are my options as I can't sleep and/or breathe in my apartment? Thanks a lot!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-65340265880891241242019-07-25T08:01:41.714-04:002019-07-25T08:01:41.714-04:00HI Natalie: Though you are not asking a question,...HI Natalie: Though you are not asking a question, I appreciate your comment as it reflects a tragic reality faced by far too many tenants. The story you tell reflects the very power imbalance that the Residential Tenancies Act and the predecessor versions of the Act are intended to rectify. You should not have to put up with a building in the condition you describe. The landlord may be "cheap" and perhaps many other things too, but that does not excuse or justify running a building contrary to the obligations under the RTA and frankly, contrary to property standards.<br /><br />Please be aware that you are entitled to sue your landlord for the experiences you've had. While "money" will not make it better, it may in fact make your circumstances more tolerable and allow access to the medications you need by making them more affordable.<br /><br />There is a one year time limit for claims under the RTA, but arguably a two year time limit for a standard tort claim even in the Landlord and Tenant law context. I would strongly urge you to take action against your landlord. A lesson should be taught even if it is to only spare the pain you experienced for other people in that building.<br /><br />In your situation I'd say you need a lawyer and not a paralegal given the extent of what I guess your injuries will reveal. You should locate a personal injury lawyer and preferably one who will visit you, get a sense of the building, and one that you can communicate with in a way that makes you comfortable. A claim like yours will continue for a long period of time before it is finally resolved so you need to like your lawyer! You should not worry about the need to pay the lawyer, any personal injury lawyer worth their weight will offer you a contingency fee agreement on a zero fees, zero disbursements basis unless you win or settle. In the personal injury world, with contingency fee agreements, there really is no access to justice barrier. So call around, google names, and aim for the mid-sized local personal injury firm--so you can have a face to face experience (which is best in my view). Of course, please suit yourself. This blog does not solicit work or clients as I try to maintain a neutral information service. However, if you find yourself having trouble finding a lawyer you like please give me a call.<br /><br />Good luck to you and best wishes in dealing with the health problems and of course in finding a better home than what you have.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-14923813150903562622019-07-24T23:13:12.087-04:002019-07-24T23:13:12.087-04:00Wednesday, 2019/07/24 EDT 2300 hrs
Hi Mr.Thiele!
...Wednesday, 2019/07/24 EDT 2300 hrs<br /><br />Hi Mr.Thiele!<br />Belleville here.<br />Lease signed Wednesday, 2015/07/01<br />Rent: Non-inclusive.<br />Top floor, one stairwell only.<br />Building: 6 plex, erected 1960's.<br />Poorly insulated, thermal tracking on all walls throughout my unit.<br />My landlord has violated many obligatory duties, too numerous to list.<br />CALC have stepped in many times.<br />No heat in my unit since moving in.<br /><br />Winter 18/19, landlord finally exchanged the broken electric baseboards,installing ones rotted and covered in rust he tore from another unit in 2016 from my building.<br />Informed my landlord they don't heat the rooms, that you physically must touch them to feel heat.<br />The metal is just barely warm.<br />He informs me he's not obligated to install new ones. Fair enough.<br />But there's a difference between functioning and a working device.<br />The baseboards are functioning, just not doing what they're supposed to do.<br />Thermostat cranked-still no heat.<br />Went back to using space heaters. [Hydro skyrocketed through the roof. 2017 month 01, 02 & 03:<br />$1,200.xx total to heat ONE room-my living room, couch became my bed during the cold months.<br />My landlord's so cheap.<br />He picks through the garbage EVERY week, to save buying garbage tags,<br />it would almost be funny if the circumstances weren't so tragic.<br />Throws everything from the garbage into the recycling bins including<br />e-waste.<br />[Saw him throwing out a decrepit lighting fixture into recycling.<br />Pulled it out & took it to e-waste myself.<br />I'm a steward of the environment.]<br />Puts out ONE (1) garbage bag per week for an entire 6 unit building.<br />Worst violation: His refusal to provide lighting in the common areas & for the stairwell.<br />Until 2017/11/16 tenants used the flashlights on their cell at night to see where they were going.<br />Saturday, 2017/10/28 at 2145 hrs,<br />I was headed downstairs to visit with another tenant, <br />misjudged the stairs<br />[It was pitch black,<br />had wool socks on.],<br />slipped and fell down the flight of stairs.<br />Woke up in the hospital.<br />[Other tenants heard me fall, came out of their units, found me laying unconscious at the bottom of the stairwell, called 911 for an ambulance.],<br />Suffered a TBI, EEG had confirmed the fall made my Epilepsy worse.<br />My EEG was abnormal, reading transient sharps and spikes, [Seizure activity]<br />I'm Epileptic, well-managed with<br />Anti Epileptic Drugs (AEDS),<br />Haven't had a hiccup with seizure activity since 2012.<br />Shortly after the nice trip down the stairwell,<br />I noted a high pitch ringing in my right ear. My neurologist referred me to a nose, ear, throat specialist.<br />who confirmed I've Tinnitus resulting from the fall, also confirmed the Tinnitus is permanent and here to stay.<br />My neurologist also had to swap out one of my AEDS [I'm on two (2) different AEDS.], for Topamax, it has migraine prevention, that didn't work,<br />now I'm injecting myself monthly with Amovig.<br />My neurologist put in a request for a compassion program [EAP] as the Amovig<br />is expensive and not covered by OHIP+ nor ODB,<br />Amovig is covering my first year, after that, I'm hoping I get the EAP.<br />In an attempt for my landlord to save money on hydro, I now suffer from tinnitus and migraines, to the point where I vomit.<br />Sometimes I just feel like blowing my head off.<br />My Neurologist increased my AEDS.<br /><br />For those who are wondering why didn't the tenants of my building just flip on the light switch, landlord has that locked up behind a metal box.<br />I've been looking to move since my fall, unfortunately, Belleville is in a serious housing crisis, and there's just no where cheap enough to move as I'm currently on ODSP [For Epilepsy],<br />I am trying to get off ODSP, however I've no work history.<br /><br />Thank you Mr. Thiele for your blog.<br /><br />NathalieNathalie H T Particahttps://www.blogger.com/profile/11943275847764377339noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-80157683741455049562019-06-09T08:43:09.577-04:002019-06-09T08:43:09.577-04:00Hi Thomas: Sorry, this blog is for residential te...Hi Thomas: Sorry, this blog is for residential tenancies only. The rules and law are significantly different between commercial and residential tenancies. The things that are absolutely illegal in a residential context are often perfectly legal in a commercial tenancies context. Do not rely on any legal information relating to residential tenancies in determining your commercial tenancy obligations.<br /><br />Good luck to you. If you call the Law Society of Ontario they have a lawyer referral number that should give you a 30 minute free consultation. <br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-77505403473688051352019-06-05T17:18:41.243-04:002019-06-05T17:18:41.243-04:00Hi Micheal, it's June 5th at this time, my com...Hi Micheal, it's June 5th at this time, my commercial unit got a broken furnace checked by landlord, he told my wife that we needed to call the heating service and it's look like he want us to paid for the furnace bill, in this case who will be responsible for the furnace?<br />and by the way we locate at DurhamThomashttps://www.blogger.com/profile/18256865880269862666noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-72693669841008318022019-05-27T07:08:57.181-04:002019-05-27T07:08:57.181-04:00Hi: If the set up in your building is correct, I ...Hi: If the set up in your building is correct, I wouldn't expect any heat (steam/hotwater) going through your radiators when the outside temperature is high as you describe. The landlord's central heating will be on a thermostat and not just pumping heat constantly. If that isn't your experience it might be worth bringing up with the landlord. As you have explained, and it's true, heating a place that is already warm is just a waste of money.<br /><br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-39956474063739615892019-05-20T12:51:38.645-04:002019-05-20T12:51:38.645-04:00personally I don't think heat needs to be kept...personally I don't think heat needs to be kept on until june 15th my apartment is so hot that me and my dog could get heat stroke. i understand that if i cant control the heat from my unit my landlord has to however the law should not require that until the 15th of june. already its hot enough for a/c and theres no point of me using my a/c unit if heat is blasting through the radiators. the regulations need to be reevaluated due to climate change and a multitude of different things that affect temperature Anonymoushttps://www.blogger.com/profile/07093436417043252804noreply@blogger.com