Tenancy Advice - Terminating or Restricting Services

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Tenancy Problems - Terminating or Restricting Services

 Related Legal Forms Provided by LawDepot.com
- Letter of Intent
Q: In respect to the RTA section 4-27 "Terminating or restricting services or facilities":
Do laundry facilities or a balcony fall under the designation of "services or facilities"?
When we agreed to rent our suite on the 2nd floor of a house it had a nice deck (balcony), but shortly after, with less than a week's notice (verbal) the deck was removed. At that time they also noted the laundry facilities are being removed, both apparently to comply with city by-laws. (it later turned out the suites are illegal as they never got permits to divide the house into 7 suites) Citing RTA 4-27 we printed out the form (RTO-24 I believe)and requested that our rent be decreased as perscribed in the act, but the landlords refused to acknowledge their obligation to do so and used the excuse that both the balcony and laundry would be put back in within a few weeks. The laundry machines were briefly returned but were soon dismantled and taken away again for good (landlord claimed they were stolen!)and 3 months later we still have no balcony or any indication that it will be rebuilt as promised. Does this mean that we are entitled to receive reimbursment equal to the rent reduction retroactive for the 3 months we have not had the balcony or laundry? How do we enforce compliance of the act at this time (since we already know the landlord refuses to acknowledge their obligation for a reduction)
A: If you rented premises that included laundry facilities, but they have since been withdrawn, then you may have a claim in arbitration for terminating or restricting a service or facility. Likewise, if your balcony has been taken away then you might argue that you aren't getting what you contracted for. Form RTO 24 is the recognized paperwork to use if you decide it is worth going to arbitration over.
Before you launch an action against your landlord it is always best to give him a 'breach letter' - a letter from you stating how you think the situation affects your tenancy, what you think needs to be done, and by what time it should reasonably be remedied.


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