Landlord breech???

[searl12]

Hi there, I have a question pertaining to my landlord and a few mistakes in our lease agreement, and failure on more than one occasion to conduct politely requested repairs. Have been living here for 7 months and it hasnt been pleasant, alot of small inconveniences and things that were neglected to be done before I moved in. I live in Edmonton Alberta Canada, pay 925$ a month plus the same as a dmaage deposit.

Any polite responses on what my options are and what to do next are appreciated. I have done a ton of research but I just want to know if the things I listed constitute a breach

-our lease is dated Nov.01/08 until Oct.31 2008
-Our Landlord did not include her mailing address
-Our Landlord neglected to Do a preinspection walkthrough
-our bedroom window is not up to fire code
-3 weeks into our tenancy the paint in the bathroom above shower began peeling.We notified the landlord and were told it would be repaired. & months later it has not been.
-our sinks werent 100% functioning upon arrival
-There have been mice in the unit and building which was kept from us
-and finally for 4 months of the tenancy there was a sex offender who is now encarcerated living below us, for 3 months he caused problems for the entire building.
-oh one more thing, Our fire extinguishers havent been checked in almost 4 years...Renting in Edmonton is expensive and a nightmare.

All I want from my land lord is my $925DD returned and to allow us to leave at the end of this month. I gave her notice on the 2nd of this month

Please help,

 

[Zero V]

take alot of pictures, and let her know unless you get your demands and released your taking her to court, and will encourage the rest of the building too.

 

[searl12]

ya man I got alot of damaging emails where she promised things that never happened, lots of pictures and a lease that was poorly developed with errors, and no inspection report which mean I shoud get my DD back

 

[Zero V]

ya man I got alot of damaging emails where she promised things that never happened, lots of pictures and a lease that was poorly developed with errors, and no inspection report which mean I shoud get my DD back

you should. Just call an inspector, they will fine the hell out of her for the fire extinguishers, and anything else they find wrong. Plus tell her you want the DD back and released.

 

[Lacradocious]

Just document everything. Requests, damages, etc. The lease is a contract and if they aren't owning up to their end of the contract, then you have a legitimate claim.

 

[searl12]

thx guys, they are getting nasty now because im going through with all of this, they just sent me a 14 day eviction stating the place hasnt been ept reasonably clean, which is funny because the health inspector 3 days ago never mentioned a thing abouth that to me.

Im going to win, for one reason...I am right and I believe in this fight, I will win or I will exact a revenge the likes of whic these landlords have never seen.

I will win!

thx

 

[CrazyChemist]

Here is what you do - next time rent is due you don't pay her. Tell her you are holding the rent until the repairs are made. She might begin eviction proceedings, which take 30 days. Thus, you get 60 days in your place free - which compensates you for your security and first month's deposit. The only way this can affect you at ALL is if the landlord takes you to court for the two months rent. Most landlords don't bother but if he does, PM me and I'll let you know how to get out of that.

 

[CrazyChemist]

o and also PM me if you get eviction papers - my aunt is a real estate attorney - she helped me with almost the exact same problem about 3 years ago.

 

[searl12]

Ya man thx, your off now so tomorrow for sure,,its getting my blood boiling as I saw them once in 7 months , even after lots of complaints and request, now since Ive mabe this latest final fuss saying I want out they have been here 3 times, and obviously intend to be nasty, even after I said all I want is My DD back, which I will get as she failed to do a preinspection with me, so keeping it is an offence.

Also I live in Edmonton Alberta so it might be slightly different, but i imagine a breach is a breach.

Like I sad too , fire code violations inside my unit, in the laundry room as well. a small flood 7 months ago that is now stinking due to the heat, that was never inspected, not once. I have lots of friendl emails from both of us, and a few nasty ones from me, all the while they tried to act as nice and polite on paper, when all they were concerned with was their bank accounts and their well being. All this while we had mice that wouldnt die from poison or traps roaming our heaters along the wall, I mean I had to look in my girls eys while she cried and tell her it would be ok, that was when I knew as a man my duty was to get her out of here no matter what the cost.

Sorry to ramble but I appreciate the help and anyone else who adds any advice.

I mean at times they did attend our needs, but lately it has been too much added to all the little things and non repairs in the past.

I have to sleep now, so much research, so much travel around town on foot this last week, I feel weary but tomorrow I will awake to keep fighting.

ty again all
paint over our shower peeling since 3rd week , nothing has been done.

 

[CrazyChemist]

Hey I totally understand bro. This sort of thing happens when you rent sometimes. Just remember, you have a choice to pay the landlord every month. In the state of Connecticut, where I live, if the apartment is uninhabitable for more than 3 days you are entitled to prorated rent. So if the apartment is infested with mice, for example, and they take two weeks to die then you would only pay half the rent if you weren't staying in the apartment during that time.

You control the $$. Once you stop paying watch how fast the landlord responds. Tell them you want the place fumigated for mice and the leak fixed and that you aren't paying another cent till that is done. You might want to change the locks so they can't get into your place when you aren't home. They won't like that but, hey, they won't know unless they try to enter without your permission and that is illegal.