Can I sue my landlord for doing major renovations while we still live here?

Question

A pipe burst upstairs in the hallway above our unit and our apartment flooded 5 days ago. We got the water out and everything was cleaned up that day. Some of our possessions were damaged, but we were not that concerned. That night a contractor came in and put 3 large, loud dehumidifiers in the apartment. It was hard to sleep, but it was understandable. We had to take our dog to work with us the next day because the contractors came in to do some work. When we got home that night 12 hours later, the kitchen sink was gone, the fridge was broken and all of our food inside had started to go bad, the bathroom sink was gone, the stove was gone, all our cabinets were in pieces and we couldn't find anything that belonged to us. The place was completely filthy. There were huge holes in the walls where they took off the siding and drywall. There were 10 large industrial fans blasting so loud we couldn't even hear ourselves yelling over them, and taking up so much space we could barely walk from one end of a room to the other, and they were positioned in all the doorways so we couldn't close or open any doors without trying to haul these massive heavy fans. The apartment is extremely hot, dusty and dry making it difficult to breathe. We grabbed some things and went to a cheap hotel nearby. We called our landlord and he told us we should have got renter's insurance. It's a basement apartment and we were students when we signed on it -- we couldn't afford renter's insurance, and this being our 4th apartment, we'd never even heard of it before. He has insurance for the building, but he says that in order to have a hotel payed for and reimbursement for damages, we need renter's insurance. Finally he settled on giving us a cheque for $200. We stayed in the hotel for 2 nights and hoped that it would be a bit better when we came back today. It wasn't. All our stuff is still thrown around, there are no sinks and no way to cook or refrigerate our food, and the only running water is the bathtub which has been converted into a draining system for the dehumidifiers. Our landlord says that it's a matter of opinion whether or not the place is inhabitable. The contractors themselves told us that it wasn't safe for us to stay there, and they were sent by his insurance company. Tonight they took out some of the fans, including the ones in my bedroom, which is the least affected room in the house. So I'm sleeping in here tonight and trying to ignore the noise while my roommate and the dog are staying with my roommate's parents. (My dog had an anxiety attack at the hotel our first night in there and did not eat for 2 days. It's not safe for him in the apartment because it is too hot and dry and he has breathing problems.)

Here is what I want to be reimbursed for:

- The food that went bad in the fridge
- The food we had to buy because we have no stove, no fridge -- essentially no kitchen as the counters and cabinets have been removed
- The hydro for this week, as there are 10 industrial machines in here running day and night, not to mention that the contractors leave all the lights on each time they come and go
- The hotel we had to stay in

To top it off, we're moving in 4 days and it's nearly impossible to pack as all of our things have been moved and misplaced, and are generally inaccessible taped underneath these tarps with all these machines everywhere... I cannot even find basic things like the packing tape and scissors. This whole apartment has been turned inside out.

As I said, I am not very concerned with the water damage or with the money I lost having to cancel some work this week to tend to my belongings and attempt to repack and relocate all our stuff. I'm concerned that he did not give us 24 hours notice that he would be doing major renovations making the apartment unlivable. He was showing the apartment to a lot of people last month, but nobody was interested in renting. Now he says that he is not even going to rent out the apartment for another 2 or 3 months because he's doing renovations. The apartment was in bad shape before the flood, but there are certain things being renovated that were clearly unaffected by the flood. He's not making any effort to make this apartment livable again while we're still here. He left us a cheque for $200 with a memo noting: "agreed upon compensation for apartment inconvenience". We haven't signed it yet because I don't think we agreed that this compensation was reasonable. It covers 2 nights at a hotel and that's it. 

I live in Ontario. I've looked at the Landlord and Tenant Act online but this particular scenario is not covered and there seems to be a lot of grey area.

Does anyone know if we have a right to demand more compensation for all this? Or should we just sign and deposit the cheque and leave it?

Boots · Accepted Answer

No.

The landlord had to have those steps taken to dry the unit out properly and prevent mold from growing.  Had he not done that, months from now you would be demanding compensation because you got sick from mold or because your possessions were damaged.  Running a few de-hues and fans for a few days was no where near enough to completely dry the structure. It might look dry- but a restoration company can take a moisture meter and get readings showing that it was still wet.

They have to open up the walls to get the interior of the wall dry. You don't want mold growing in there. I'm surprised they did not rip up the flooring as well.

Those renovations should be grounds for your land lord to let you break your lease penalty free so you can move somewhere else, if you choose.  Your best bet would be to ask your land lord if he will let you out of your lease so you can move somewhere else.

If you have a renters policy, that would pay for your damaged property and possibly the spoiled food.  It may also help with additional living expenses if you need to stay in a hotel while this apartment is repaired.

The land lord is not responsible for these cost. Nor is his insurance company.

If you had a renters policy, report the claim to them. Otherwise, you will have to come out of pocket for those expenses.

When I was in an apartment, a pipe in the ceiling burst. My apartment had 4 inches of water through out.  My renters paid to pack out all my belongings, dry them, clean them, itemize the total loss items and store them. Would have paid to pack back into the apartment after repairs.  Since I was moving out of state anyway at the end of the month, I just stayed with a friend and left my belongings in storage for that month.  My apartment complex would have let me move into an empty unit or break my lease had a unit not been available. My unit had to be completely gutted. Taken down to the stud walls an rebuilt.  That was the only way to make sure it was dry and to prevent to spread of mold.

My renters policy cost me $119.00 a year in premium for $10,000 in coverage. The costs you will incur out of pocket will exceed what you would have paid in renters premiums.

philospher77 · Answer

The issue I can see is that he may be able to claim that the tear-out was largely necessary due to the amount of water damage.  And given that you are leaving in 4 days anyway, it made sense to add in the additional changes while the workers were already there.  So fighting this in a court wouldn't be a slam dunk.  

He isn't responsible for your food.  That would have been covered by renter's insurance.  He may be liable for the amount of time that the apartment is uninhabitable.  BUT... he is only liable for the amount you are out for that, based on the rent.  So, if your rent is 300/month, and you can't be in the apartment for 10 days, he should prorate the rent for those ten days, so you would get $100 (300/30)*10.  If you do the math and the amount is less than the $200 he gave you, I'd take the money and stay quiet.  If it turns out to be more, I would politely ask for the appropriate amount.

All of this is based on US law, and is the reason why renter's insurance is highly recommended.

Where&#39;s my scooby snack? · Answer

If you were not told before hand about the renovations and there was nothing in your lease about them, then yes, you may have a case against your landlord.

It's not a matter of opinion on whether the apartment was livable, it's a matter of safety.

The thing is, even if you sue your landlord, the judge may not agree with you. You'd have to try really hard to prove that the renovations were a huge inconvenience and were not made aware of before moving in.

I'd forget about suing him and work on getting more money.

I'd try and get a little more cash out of your landlord. You DID have to put up with a lot and he should give you more than two hundred. A thousand at least for your trouble.

Don't sign the agreement about the check yet. Ask the landlord if he's willing to pay you a little more. Explain to him you had to put up with the noise, the heat, the stuffiness and not being able to find your things. Don't cry in front of him but perhaps really lay it on thick, act sad and pathetic, so maybe he'll break down and agree.

Good luck!!

Landlord · Answer

No, you can not go after the landlord for any of those things on your little list of entitlements.

If you are indeed entitled to these things YOUR insurance is the party who gives this to you.

The landlord does owe you .    He has to prorate the rent for the month (divide by 30 no matter how long the month) and reimburse you that amount per day you could not be in the property.

Since you stayed in a hotel for 2 days you take the value of rent per day and multiply by 2, that is the entire amount you are entitled to from the landlord.

You need to read YOUR insurance policy to see what other amounts you may be entitled to obtain.

Jacqueline · Answer

Of course your landlord had the right to do whatever improvements he wants to HIS property. If you don't like the idea of your landlord entering his own property to perform repairs, maintenance, and installations, then you need to buy your own place. Lock up your valuables, and keep their workspace clear of your clutter. As long as you leave nothing in their way, you shouldn't be affected at all.

Linda R · Answer

Your landlord was doing exactly what he was supposed to do when something like this happens.
You're lucky he even gave you $200.  Gather up your stuff, move and learn from this.  In your next place, please get 'renters' insurance (you can get this through your auto insurance agent).

Anonymous · Answer

I really think you should just copy this and send a letter to a local attorney that covers this sort of thing if you want to know. But if it were me, I would just cash the check and tell Rover "We're ****** outta here".

drnovlamas · Answer

1.  Consult a lawyer....or
2.  Take this nut to small claims court

I lean toward the first...and some lawyers will provide a free initial consultation.
Also..Suggest you consult those Nolo Tenant Law books...and your local Legal Aid Foundation.

This treatment is outrageous.  I hope you have photographed EVERYTHING!!!

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Can I sue my landlord for doing major renovations while we still live here?

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