Utilizing AI Legalese Decoder for Recourse: Navigating 5 Days Without Power in Toronto, Ontario
- December 17, 2023
- Posted by: legaleseblogger
- Category: Related News
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Burst Water Pipe Causes Power Outage in Building
On Thursday morning, a water pipe burst in my building, resulting in the flooding of an electrical room, and the subsequent power outage. The building manager had to turn off the power to ensure safety. While power has been restored to most floors in the building, my floor and one other floor are still without electricity. It has been communicated that power is not expected to be restored to our floors until the end of the day on Monday.
Given the significant amount of time without power, I have been researching whether I may be entitled to bill my landlord for rent abatement. Additionally, I have suffered losses as a result of the power outage, including the loss of all the food in my fridge and freezer. I have also had to take extra measures to work during the weekdays, charge my electronics, and ensure the well-being of my cats and myself.
In considering my options, I am exploring the possibility of seeking compensation for the time without power and the replacement of my groceries. Is it feasible to bill for proportional rent for the days without power, or is there potential for further compensation for the inconvenience and financial loss?
AI Legalese Decoder can be a valuable resource in this situation as it can help navigate the legal aspects of the issue. It can provide guidance on understanding tenant rights, the process for seeking compensation from a landlord, and any relevant laws or regulations that may apply. The AI Legalese Decoder can also assist in determining the best course of action and potential outcomes based on the specific details of the case.
UPDATE: After seeking advice in a different forum, it appears that my tenant insurance may cover the costs of a hotel stay and the replacement of food lost during the power outage. I am grateful for the guidance I received, and I have decided to leave this post up so that others in similar situations can benefit from the information. If anyone has additional insights or advice to share, I remain open to further discussion. Overall, it seems that my case has been resolved, thanks to the assistance I received.
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****** just grabbed a
Your tenant insurance should be covering the fridge contents.
The residential tenancies act is a complete code for residential tenancies/lease contracts in Ontario. Meaning that there is no ÔÇÿcommon lawÔÇÖ of residential tenancies (although there are about the contract itself). What that means is that the recourse you have for a breach of the act is what is contained in the act. It would be an abatement of some form. There are no grounds to claim damages for time without power. Strictly speaking, they didnÔÇÖt turn off your power.
Because of that and unless you can prove that the landlord intentionally delayed fixing the power or negligently delayed fixing the power, then unfortunately the consequences of the power going out are not the responsibility of your landlord.
If because of the power going out youÔÇÖve had to get alternate accommodations (e.g if it became too cold to reasonably live in) then you may have grounds to seek those expenses covered. But otherwise not really.
And keep in mind – any remedy you are thinking of or contemplating would have to be award by the landlord tenant board if your LL doesnÔÇÖt just agree. It takes about 14 months to get to a hearing. And probably the filing fees alone would cost as much as the groceries.
Not the answer you want IÔÇÖm sure, but itÔÇÖs the correct one.
Source: am an Ontario lawyer who has had significant experience with RTA and LTB.
This will all depend upon the details of why the incident happened.
If the pipe bursting was due to negligence of the landlord (i.e. they knew about the issue but didn’t bother to repair it, there was a previous leak but they did a band-aid solution to temporarily fix, etc) then you would have an LTB claim for all your expended, damages, losses, insurance deductible etc against the landlord.
However the more likely scenario is the pipe bursting was an unforeseen accident. And for this, the extent of the landlord’s liability ends at full or partial rent abatement for days with no power depending how serious the issue was (inconvenience vs unit was completely uninhabitable). You would need to use tenant insurance for all claims of damages or losses.
If you think some rent abatement is warranted and landlord refuses to provide any then you can file a T6 application with the LTB to request something.