Pertinent?
Feb. 1st, 2007 04:00 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
greenstormJust notes from http://www.tenants.bc.ca/factsheets/TSG-web.htm and related. Thank you, Sasha.
The law says a landlord must keep a place healthy, safe and "suitable for occupation”. Your landlord has to make any repairs that are needed for your health and safety. Your landlord is responsible for repairing:
heating
plumbing
electricity
locks
walls, floors and ceilings (including water leaks or holes)
fire doors and fire escapes
intercoms
elevators
Send a Letter
If your landlord doesn't do the repairs or give back the service, send a letter. The demand letter should say: 1) the address where you live; 2) what needs fixing; and 3) the date you want it fixed by. Sign and date the letter, and keep a copy. The demand letter might solve your problem. The letter can also prove that your landlord knew about the problem. If the deadline goes by, and your landlord has not fixed the problem, you can apply for a dispute resolution hearing (see Chapter 10, Dispute Resolution.)
Getting money back
If you went without something like your stove, fridge, toilet, or balcony because the landlord delayed repairs, you may want some of your rent money back. If you and your landlord cannot agree on fair compensation, you can go to arbitration (see Chapter 10, Arbitration).
Proof of the problem
Make sure you gather proof or evidence of the repair problem in case you have to go to an arbitration hearing. You can take a photograph, or videotape the problem. Cost estimates from a tradesperson such as a plumber make good evidence. You can also ask friends or neighbours to look at the problem and be witnesses at an arbitration hearing.
In Vancouver
The City of Vancouver has a Standards of Maintenance by-law for enforcing basic housing standards. The by-law covers everything from heat and hot water to rotting floors. Other by-laws make a landlord get rid of cockroaches, mice and fleas. If you live in Vancouver, you can phone City Hall and ask an inspector to check your place. The phone number for the City of Vancouver property use inspector is (604) 873-7398. For information on the Vancouver health by-law contact Vancouver Coastal Health at (604) 675-3800.
Moving because of repair issues
You may be in a situation where you are frustrated that repairs are not being done and you want to move. You should still give your landlord proper notice or else you might be charged for the next month’s rent in addition to your landlord’s cost of re-renting the place. If you are breaking a lease, then you may be charged even more. You have the right to apply for dispute resolution if there are repairs that need to be done (see Chapter 10, Dispute Resolution.)
When problems are so serious you can’t stay
Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy (see Section 45(3) and 52 of the RTA.) Keep in mind that the Residential Tenancy Act does not define “material term” because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince an RTB dispute resolution officer that as a result of the breach the tenancy could no longer continue. Call the Tenant Hotline or the Residential Tenancy Branch for more information.
(Note, the first of the month is a bad time to call the Residential Tenancy Branch)
(3) If a landlord has failed to comply with a material term of the tenancy agreement or, in relation to an assisted or supported living tenancy, of the service agreement, and has not corrected the situation within a reasonable period after the tenant gives written notice of the failure, the tenant may end the tenancy effective on a date that is after the date the landlord receives the notice.
(4) A notice to end a tenancy given under this section must comply with section 52 [form and content of notice to end tenancy].
Form and content of notice to end tenancy
52 In order to be effective, a notice to end a tenancy must be in writing and must
(a) be signed and dated by the landlord or tenant giving the notice,
(b) give the address of the rental unit,
(c) state the effective date of the notice,
(d) except for a notice under section 45 (1) or (2) [tenant's notice], state the grounds for ending the tenancy, and
(e) when given by a landlord, be in the approved form.
So if the inspector comes and says the mold is evil, get out right now-- that seems to me it would be violating a material term of the tenancy. If he just leaves a big hole in the ceiling, or doesn't do anything about the mold but the mold isn't really a big deal, or leaves that hole in the bedroom floor... that's not something can do anything about in any timely fashion.
Then in the
Standards of Maintenance By-Law 5462
7.EXTERIOR WALLS 7.1
(1)Exterior walls, parapet walls, and the components thereof shall be maintained:(a)in good repair,(b)weather-tight,(c)free from loose or unsecured objects and materials, and,(d)in a manner to prevent or retard deterioration due to weather or infestation
(2)Without limiting the generality of Sentence (l), the maintenance of an exterior wall may include the painting of all exterior wood and metal work, the repainting of previously painted but deteriorated surfaces as well as the restoration, repair or replacement of:(a)the wall,(b)the bricks and mortar,(c)the stucco, lathing and plaster,(d)the cladding,(e)the coping,(f)the caulking, and the weatherproofing of the wall and joints, all in accordance with the City of Vancouver Building By-law
(incidental, has to do with lack of siding on house)
14. WALLS AND CEILINGS14.l(1)Interior walls and ceilings shall be maintained in good repair and free fromholes, or loose or broken plaster that may create health, fire or accidenthazards
(big crack in bathroom wall that may have admitted moisture for 'unhealthy' mold?) But yeah, it doesn't say anything about mold itself, just conditions that create mold, so the origin of the mold (if it's actually a problem) is important here. Why would that space be full of it?)
The law says a landlord must keep a place healthy, safe and "suitable for occupation”. Your landlord has to make any repairs that are needed for your health and safety. Your landlord is responsible for repairing:
heating
plumbing
electricity
locks
walls, floors and ceilings (including water leaks or holes)
fire doors and fire escapes
intercoms
elevators
Send a Letter
If your landlord doesn't do the repairs or give back the service, send a letter. The demand letter should say: 1) the address where you live; 2) what needs fixing; and 3) the date you want it fixed by. Sign and date the letter, and keep a copy. The demand letter might solve your problem. The letter can also prove that your landlord knew about the problem. If the deadline goes by, and your landlord has not fixed the problem, you can apply for a dispute resolution hearing (see Chapter 10, Dispute Resolution.)
Getting money back
If you went without something like your stove, fridge, toilet, or balcony because the landlord delayed repairs, you may want some of your rent money back. If you and your landlord cannot agree on fair compensation, you can go to arbitration (see Chapter 10, Arbitration).
Proof of the problem
Make sure you gather proof or evidence of the repair problem in case you have to go to an arbitration hearing. You can take a photograph, or videotape the problem. Cost estimates from a tradesperson such as a plumber make good evidence. You can also ask friends or neighbours to look at the problem and be witnesses at an arbitration hearing.
In Vancouver
The City of Vancouver has a Standards of Maintenance by-law for enforcing basic housing standards. The by-law covers everything from heat and hot water to rotting floors. Other by-laws make a landlord get rid of cockroaches, mice and fleas. If you live in Vancouver, you can phone City Hall and ask an inspector to check your place. The phone number for the City of Vancouver property use inspector is (604) 873-7398. For information on the Vancouver health by-law contact Vancouver Coastal Health at (604) 675-3800.
Moving because of repair issues
You may be in a situation where you are frustrated that repairs are not being done and you want to move. You should still give your landlord proper notice or else you might be charged for the next month’s rent in addition to your landlord’s cost of re-renting the place. If you are breaking a lease, then you may be charged even more. You have the right to apply for dispute resolution if there are repairs that need to be done (see Chapter 10, Dispute Resolution.)
When problems are so serious you can’t stay
Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy (see Section 45(3) and 52 of the RTA.) Keep in mind that the Residential Tenancy Act does not define “material term” because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince an RTB dispute resolution officer that as a result of the breach the tenancy could no longer continue. Call the Tenant Hotline or the Residential Tenancy Branch for more information.
(Note, the first of the month is a bad time to call the Residential Tenancy Branch)
(3) If a landlord has failed to comply with a material term of the tenancy agreement or, in relation to an assisted or supported living tenancy, of the service agreement, and has not corrected the situation within a reasonable period after the tenant gives written notice of the failure, the tenant may end the tenancy effective on a date that is after the date the landlord receives the notice.
(4) A notice to end a tenancy given under this section must comply with section 52 [form and content of notice to end tenancy].
Form and content of notice to end tenancy
52 In order to be effective, a notice to end a tenancy must be in writing and must
(a) be signed and dated by the landlord or tenant giving the notice,
(b) give the address of the rental unit,
(c) state the effective date of the notice,
(d) except for a notice under section 45 (1) or (2) [tenant's notice], state the grounds for ending the tenancy, and
(e) when given by a landlord, be in the approved form.
So if the inspector comes and says the mold is evil, get out right now-- that seems to me it would be violating a material term of the tenancy. If he just leaves a big hole in the ceiling, or doesn't do anything about the mold but the mold isn't really a big deal, or leaves that hole in the bedroom floor... that's not something can do anything about in any timely fashion.
Then in the
Standards of Maintenance By-Law 5462
7.EXTERIOR WALLS 7.1
(1)Exterior walls, parapet walls, and the components thereof shall be maintained:(a)in good repair,(b)weather-tight,(c)free from loose or unsecured objects and materials, and,(d)in a manner to prevent or retard deterioration due to weather or infestation
(2)Without limiting the generality of Sentence (l), the maintenance of an exterior wall may include the painting of all exterior wood and metal work, the repainting of previously painted but deteriorated surfaces as well as the restoration, repair or replacement of:(a)the wall,(b)the bricks and mortar,(c)the stucco, lathing and plaster,(d)the cladding,(e)the coping,(f)the caulking, and the weatherproofing of the wall and joints, all in accordance with the City of Vancouver Building By-law
(incidental, has to do with lack of siding on house)
14. WALLS AND CEILINGS14.l(1)Interior walls and ceilings shall be maintained in good repair and free fromholes, or loose or broken plaster that may create health, fire or accidenthazards
(big crack in bathroom wall that may have admitted moisture for 'unhealthy' mold?) But yeah, it doesn't say anything about mold itself, just conditions that create mold, so the origin of the mold (if it's actually a problem) is important here. Why would that space be full of it?)
