I own an apartment building and rent suites to tenants. I rented an apartment to a new tenant last month. There has been a problem with the heating system in that apartment which I am trying to fix. Today I got a notice from the court that the tenant wants to apply for a reduction in rent for the time that the heating is not working. Can she do this?
Yes.
If a landlord is not fulfilling the terms of the tenancy agreement,
the tenant can apply to court for a reduction in rent that reflects
the benefit the tenant is not receiving. The Residential Tenancies
Act imposes a duty upon landlords to ensure that premises meet
the minimum public health standards for housing at all times.
Public
health standards require minimum indoor temperatures to be maintained
during the winter months. If your tenant can establish that this
standard is not being met, she may have a good case to argue for
a reduction in rent. She can also report you to a regional health
authority. You may want to try talking with your tenant to see if
there is some arrangement you can make while fixing the heating
system.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
November
2004
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