Residential Tennant Dispute

[fredfehlauer]

I rented a property to a tenant in 2010. In 2012 she reported a problem with the basement not staying as warm as she would like. Our heating contractor found no problems with heating system but did find grills and vents plugged. They Cleaned everything and airflow was good.



She continued to complained about chill on cold mornings. Further checks revealed nothing. When I visited the basement was cooler than upstairs but still comfortable. I suggested a small space heater. Se said she couldn't afford one. So I loaned her one. (January 2013)



I sold property in March of 2013.



The complaint of the tenant about poor heat in basement continued with new owner. In January of 2014 the new owner discovered that the two of heating ducts in basement were detached thus blowing air in ceiling space reducing flow. Don't know when, how or who. The tenant is taking this back to the original complaint in 2012 and is asking thru RTDRS for rent abatement to tune of $8400 claiming the space heater was an admission that there was a problem.



Any help or thoughts would be greatly appreciated.





She is claiming rent abatement

 

[Matt Crowley]

[quote user=fredfehlauer]The tenant is taking this back to the original complaint in 2012 and is asking thru RTDRS for rent abatement to tune of $8400 claiming the space heater was an admission that there was a problem.





From (say) January 2012 - August 2014 we have 20 months.



$8400 / 20 months = $420 / month rent abatement.



How is she coming up with that number? Sounds pretty steep...I would be surprised if anyone thinks that even through the summer months she is really suffering $420 a month in damages.



Assuming that she chose to resign the lease sometime in that time period between January 2012 and the present date, there is the acknowledgement that she accepted the premises as it was (a bit of a frosty house on some days). If she is month-to-month, there is even a stronger case that she accepted the premises as is.



The real damages may be in heat utility costs which you could suggest (for example) to take responsibility for $50 / month in winter months. Just my two cents.

 

[alaas1977]

Hey guys



Geez the lady sounds awful. I wonder if perhaps your property is due for more work on the yard, exterior of the house etc so that you're there everyday. I've done this with tenants in the past whom I knew wanted to avoid me, they gave notice the following month (Smiling).



Lisa

 

[REQRentals]

Hi,



If you are no longer the owner can you still be sued as a landlord in BC ?



Is there a municipal or provincial standard for heat (must be). Onus on tenant to prove not met.



Unless the apartment is below municipal standards for heat are you liable just because of some bad duct work that you had no knowledge of ? In Ontario must fall below municipal standard generally.



Did the tenant complain to the municipal standards at the time. If not why if no adequate heat ?



In Ontario there is only a duty of care such that as long as you act reasonably to remedy the problem you are saved from liability. Called professionals, gave heater even though no evidence below standard.



But in any case has to prove heat inadequate not just bad ducts. does not have to be as warm as she wants only as warm as City says.



Also there is a one year limitation here. do not know BC.

 

[Thomas Beyer]

Her claim is ridiculous . State as such to RTDRS panel. Since you are not the owner anymore what enforcement mechanism exist for tenant to collect a figure from you anyway ?

 

[RealtorDave]

All good suggestions, and I'm also assuming a property inspection was completed when you sold the property? I'd use that as well, but I don't see how they can actually force you to pay anything. She's not your issue anymore!