Tenancy Advice - Repairs and Maintenance

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Tenancy Problems - Repairs and Maintenance

 Related Legal Forms Provided by LawDepot.com
- Notice to Repair
Q: Dear Sir.
I am renting a basement suite in Richmond and we have been living here for a little over a year. A month ago the hor water faucet for the laundry machine started leaking and the landlord has disconnected it. I am unale do do my laundry and it is entering week 4 without having been fixed. The Landord claims repairs are too expensive.
Can I call a repairman and bill the Landlord for the cost? Do I have any other remedy than doing my laundry at a laundromat and ask for reimbursement for the inconvenience - Am I entitled to repair the washer - even it is the Landlords property (shared laundry room)
A: Calling in a plumber shouldn't cost you too much more than a lawyer, and if you are handy with a wrench and a screwdriver, repairing a leaky faucet is a piece of cake.
However, if you want to play hardball with your landlord you can look at the emergency repair section of the Act. The details are found in section 33 and they read: 33 (1) In this section, "emergency repairs" means repairs that are
(a) urgent,
(b) necessary for the health or safety of anyone or for the preservation or use of residential property, and
(c) made for the purpose of repairing
(i) major leaks in pipes or the roof,
(ii) damaged or blocked water or sewer pipes or plumbing fixtures,
(iii) the primary heating system,
(iv) damaged or defective locks that give access to a rental unit,
(v) the electrical systems, or
(vi) in prescribed circumstances, a rental unit or residential property.
(2) The landlord must post and maintain in a conspicuous place on residential property, or give to a tenant in writing, the name and telephone number of a person the tenant is to contact for emergency repairs.
(3) A tenant may have emergency repairs made only when all of the following conditions are met:
(a) emergency repairs are needed;
(b) the tenant has made at least 2 attempts to telephone, at the number provided, the person identified by the landlord as the person to contact for emergency repairs;
(c) following those attempts, the tenant has given the landlord reasonable time to make the repairs.
(4) A landlord may take over completion of an emergency repair at any time.
(5) A landlord must reimburse a tenant for amounts paid for emergency repairs if the tenant
(a) claims reimbursement for those amounts from the landlord, and
(b) gives the landlord a written account of the emergency repairs accompanied by a receipt for each amount claimed.
(6) Subsection (5) does not apply to amounts claimed by a tenant for repairs about which an arbitrator, on application, finds that one or more of the following applies:
(a) the tenant made the repairs before one or more of the conditions in subsection (3) were met;
(b) the tenant has not provided the account and receipts for the repairs as required under subsection (5) (b),
(c) the amounts represent more than a reasonable cost for the repairs;
(d) the emergency repairs are for damage caused primarily by the actions or neglect of the tenant or a person permitted on the residential property by the tenant.
(7) If a landlord does not reimburse a tenant as required under subsection (5), the tenant may deduct the amount from rent or otherwise recover the amount.


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