Ottawa Citizen

Request for repairs should be made in writing, delivered to property manager

- BY DICKIE & LYMAN LLP WHO PRACTICE LANDLORD/TENANT LAW AND OTHER AREAS OF LAW

Q: Last winter there was a very bad draft coming through the window into my apartment. Twice I asked the building ’s super to investigat­e, but he never came. I had plastic on the windows, but they blew up like a balloon! I ended up taking the plastic down and putting newspaper all around the windows. Every time the wind blew, so did the newspaper. In the spring I discovered the windows are crooked, making a gap between the window and wall. How should I handle this situation now?

A: The best way to report repair issues is to report them in writing, leaving the written note in the building office, or if there is no office, then wherever the landlord directs, which would usually be at the super’s apartment. Many landlords have what they call work order forms that they ask tenants to sign, giving permission to enter for the work to be done.

Tenants often fail to get repair work done because they ask the superinten­dent when the super is walking through the halls or on his or her way to deal with some other job. No one can be expected to remember such requests consistent­ly.

If you did not ask in writing for your window to be addressed, you should do so now. If you still do not get a response, then you should ask in writing to the property manager or the landlord’s office, or to the landlord directly.

If the landlord does not address the draft problem within a reasonable period of time after you request the repair, you can report the issue to the City Property Standards office by phoning 311.

Q: I am planning to move back to Ottawa in a couple of years. I would like to buy a house now but rent it out until my move. How can I rent it so that I would be able to move in myself with possibly only two months’ notice? I don’t want to be in the awkward position of having to give notice to unsuspecti­ng tenants. Can something be added to the lease to allow me to move in when I want to?

A: The owner of a house generally has the right to terminate a tenancy in order to move into the house themselves. What is required is 60 days’ notice to the end of a lease or a period of tenancy. You can rent for a fixed term, like 12 months, and then allow the tenancy to renew automatica­lly as a month to month tenancy. After the initial 12 months, you can give your notice for the end of any month.

As a courtesy, you can tell prospectiv­e tenants your plan and include an acknowledg­ment of the informatio­n in the lease. Remember that you are required to use the standard lease, which came into effect on April 30, 2018. When you give notice to tenants to move in for your personal use, you will be required to pay one month’s rent as compensati­on for having to move.

As a final suggestion, when you screen prospectiv­e tenants, try to find out if they are people who live up to their obligation­s. People who do what they are supposed to do are more likely to leave without a problem when you eventually give them the notice of terminatio­n for personal use.

Newspapers in English

Newspapers from Canada