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Updated about 3 hours ago on . Most recent reply

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3
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Andi Quinn
1
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3
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Tenant Rent Abatement Request

Andi Quinn
Posted

Hello, my tenant is asking for a rent abatement and I don't know what is fair. There was an issue with the HVAC so the heat did not work. I immediately had them call the service provider to come and fix it. It turned out to be a bigger problem so in the mean time I brought them a space heater that same night (of their choosing) to use with the gas fireplace in the condo as I worked on finding a company to fix the issue as quickly as possible. I put them up at a hotel for 2 nights (I had to find a hotel that accepted pets and had a crib for their baby). The issue was still not resolved and they tripped the breaker when they plugged the heater into the same outlet as their coffee maker so I went out and bought them 3 different space heaters as options that could work better for them in the space. The bedroom is also a tricky space to put a space heater because there isn't space for 3 ft of clearance. All in all I was able to get the issue resolved in 2 weeks. In addition to covering 2 nights hotel accommodation, I offered to cover the additional expenses incurred due to the use of the space heaters and running the gas fireplace for longer periods of time. They have come back asking for a rent abatement equivalent to 2 weeks of their rent. I don't feel this is fair as the space was very livable and was able to maintain a minimum temperature of 21 degrees. I am hoping someone can provide some guidance. Thank you!

Most Popular Reply

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98
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Cody Neustaedter
  • Real Estate Agent
  • Winnipeg MB, Canada
33
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98
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Cody Neustaedter
  • Real Estate Agent
  • Winnipeg MB, Canada
Replied
Quote from @Andi Quinn:

Thank you for your reply @Kevin Sobilo.  From the research I have done there are no laws in Ontario that address this situation.  My understanding is because the unit was habitable I didn't actually need to put them up in a hotel.  My responsibility was to ensure they were able to maintain a temperature of 21 degrees in the condo (which I did).


 This is crazy generous of you to buy all the space heaters and put them in a hotel while the unit was still being heated. Manitoba is at a similar level of tenant-landlord relationships and in my opinion you went above and beyond what was required of you.

Think about it this way. You are providing housing that has a responsibility to be habitable (some provinces would vary on this but I believe its 16 or 17 degrees) and if you were negligent in addressing issues (which you weren't) then you could be held responsible. There's nothing that specifies what the heating source has to be. So regardless of the fact that the furnace went out you addressed it in a timely manner. If the tenants pay utilities and there is a difference in utility costs I guess you could be on the hook for that. But for them to request 2 weeks of rent back is ridiculous and is made with ill intentions giving how considerate you were. 

  • Cody Neustaedter
  • 204-227-5081
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