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My building might be condemned, what do I do?

GonmunGonmun He keeps kickin' me inthe dickRegistered User regular
edited December 2008 in Help / Advice Forum
So, this is quite a doozy of an issue I think. Just a bit of background for everyone, I live in New Brunswick, Canada and I have tenants insurance though I really doubt it will help in this instance. Please forgive the wall of text that follows.

When my my family moved into our apartment, we were told the landlord had plans on fixing up some issues with it. We would occasionally have word from the landlord on getting quotes of paneling or laminate for the kitchen floor, paint, etc. There were other issues though that we addressed and finally back in August put into writing. There's a very large crack in the wall in our kitchen that has only worsened over the past few months as it is a wall that is beside a stair well to an apartment above our own. The crack seems to run almost exactly along the line the stairs follow. We have a leak in the vent in our bathroom where the fan is that has become quite a problem this summer with an abundance of rain in August along with various other issues. So, my fiancee submitted the letter, we were told things would be looked into but about 2 weeks after we submitted it our landlord (a woman in her early 80's) was taken to hospital due to issues with falling down. She lives in the building herself, staying in the largest apartment and does not keep it clean what so ever. Needless to say, we just found out this past week that she has been deemed incompetent and the super that was placed in charge is now unemployed and has plans to leave the building after Christmas.

Initially, when the landlord went to the hospital the man who is now super for the building had thought of buying it from her since he'd lived there himself for almost ten years and they got along well together. He had an inspector come to look over the building and come to find out, the roof was deemed critical because of holes and the inspector stated that it needed to be replaced before the winter to avoid serious safety hazards. Also, it appears that possibly one or two oil tanks have been buried on the property which also pose an environmental hazard. The landlord found out about this before being deemed incompetent and she also has a cousin who was trying to handle things financially for her, though the cousin lives as we found out this weekend, in Florida.

So, here's how it stands right now. We've called our tenancy board who referred us to a rentsman to see what might be able to be done about repairs to the building, called the fire marshall who is coming in tomorrow for an inspection and have also tried to contact social services to speak with the landlord's trustee. We're scared that the building is going to be deemed condemned which given the revelations of the roof and possibility of oil tanks being buried would not be surprising.

My question is, if the building is condemned, does anyone know of anything that could help my family if we need to move out in a hurry? I realize that Canandian tenancy laws and such are a bit fuzy for most but any suggestions or advice would be greatly appreciated.

tldr; Landlord went to hospital, found incompetent. Building I live in has not been well maintained by her and now I'm afraid we're going to have to move rather quickly if it's condemned right before Christmas. Help!

desc wrote: »
~ * swole patrol flying roundhouse kick top performer recognition: April 2014 * ~
If you have a sec, check out my podcast: War and Beast Twitter Facebook
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Posts

  • illigillig Registered User regular
    edited December 2008
    unless your building is suffering from a major structural issue (i.e. it WILL fall down soon), it's not going to be condemned... a leaky roof doesn't apply here, and neither do in-ground oil tanks (which are really not such a big deal)

    however, why would you continue living in such a space? move now and avoid any headaches... if your landlord disappears the building may get the power/gas shut off for non-payment... or it may get foreclosed on and you'll be evicted... both of these eventualities are more likely than being condemned

    illig on
  • MagicPrimeMagicPrime FiresideWizard Registered User regular
    edited December 2008
    Start looking for a new apartment or townhouse ASAP.

    MagicPrime on
    BNet • magicprime#1430 | PSN/Steam • MagicPrime | Origin • FireSideWizard
    Critical Failures - Havenhold CampaignAugust St. Cloud (Human Ranger)
  • GonmunGonmun He keeps kickin' me in the dickRegistered User regular
    edited December 2008
    Moving is the first option we're looking into. It's just hard to be able to get the funds gathered due to the time of year and also the fact that places are getting snatched up rather quickly it would seem.

    As far as the place collapsing. We've been told that the roof wouldn't make it through another winter like the one we had last year. Thereby, if we get snow like last year then the roof will collapse. I have no intention of staying, we've already started hunting for other apartments.

    I guess I'm just more frustrated given that just when I think matters have hit rock bottom it turns out that I haven't reached it yet.

    Update: I just got off the phone with my fiancee who received a copy of the letter from the super as to his leaving and he has found out that the building contains asbestos. For me, it's not a matter of if I move, but a matter of when now, I just don't know how I'm going to afford it.

    Gonmun on
    desc wrote: »
    ~ * swole patrol flying roundhouse kick top performer recognition: April 2014 * ~
    If you have a sec, check out my podcast: War and Beast Twitter Facebook
  • MagicPrimeMagicPrime FiresideWizard Registered User regular
    edited December 2008
    First and Foremost - if you have a security deposit. GET IT BACK NOW!

    That money can easily help out for a security deposite on another place. The same if you had to pay a month ahead rent. If you are living under a lease and had to pay any extra rent/deposits that money is owed back to you if they break the lease - which sounds like they are doing.

    MagicPrime on
    BNet • magicprime#1430 | PSN/Steam • MagicPrime | Origin • FireSideWizard
    Critical Failures - Havenhold CampaignAugust St. Cloud (Human Ranger)
  • GonmunGonmun He keeps kickin' me in the dickRegistered User regular
    edited December 2008
    Our deposit was a half of a month's rent. Right now though I'm not sure if it's possible to get it back as the landlord's case is with social services and we're having to wait for a trustee money in her account. We'd hoped that we might be able to get the deposit back to try and put towards the deposit on a new place but frankly it's looking more and more like I'm going to be screwed royally on this.

    Gonmun on
    desc wrote: »
    ~ * swole patrol flying roundhouse kick top performer recognition: April 2014 * ~
    If you have a sec, check out my podcast: War and Beast Twitter Facebook
  • SarcastroSarcastro Registered User regular
    edited December 2008
    The only thing that comes to mind is kind of a dick move, but like hamster dick, not whale dick.

    My memory is shakey, but I think there is some provision which states that the tenant is allowed to withhold rent if hazardous or safety issues brought forward to the LL are not addressed in a timely manner, as dwelling maintenance is a part of the services you are purchasing with your rent monies. You could then use this cash to save up for a new place, in a month or so.

    Even if that's not exactly the case (and I apologize if its not, its been a long time since my fam was in the LL'ing biz) it takes 90 days to evict you, in which case you'd still have enough time to save, move and then make amends later. In cases where the person you need to address the issue is out of commision, you may want to go for forgiveness, rather than permission.

    Its not an ideal solution by any means, and legally, all you'd be buying is time- but that seems to be what you need, so... *shrug* YMMV though, as is often the case, the difference between what should happen in terms of an eviction and what will happen can be quite different. I dunno, theres probably a better way, this is just one way that comes to mind.

    Sarcastro on
  • Dark_SideDark_Side Registered User regular
    edited December 2008
    Usually the building would have to be under an imminent threat of collapse or have some other critical life safety issue to be condemned. Structurally it really depends on whatever structural engineer comes and looks at the roof, and they could possibly just write a letter stating that the landlord would have to keep the snow off the roof, making life miserable for the super. I suspect most of that would be all tied up in insurance companies and whatever government entity has jurisdiction though. All that being said, it sounds like the problems are apparent and it's probably a really good idea to get out while the getting's good, so if something does happen you would have already moved on. I'm guessing, but shouldn't the landlord's insurance cover moving costs for you should the building be condemned?

    Dark_Side on
  • Andrew_JayAndrew_Jay Registered User regular
    edited May 2021
    -

    Andrew_Jay on
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