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Landlord or tenant? Who pays for this type of maintenance/repair?

NorthYorkEd

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#1
The LTB lines are really busy right now, so thought I'd see if there was any info I could gather here.

The condo we are leasing has window treatments that were installed by a previous owner/occupant. As such, they were in place long before we ever took possession of the unit.

Due to some renovation work going on in the building, all owners were told to temporarily remove any window treatments. If not removed, the contractors would remove at owner's expense.

Our landlord insists that it is our responsibility as tenants to incur any charges resulting from the contractors having to remove or re-install the window treatments. He simply refuses to arrange for the work to be done and insists he won't pay for it.

Are we correct that this actually falls under the landlord's responsibility, considering the treatments belong to the owner and were part of the leased property? Thanks.
 

DSC

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#4
The LTB lines are really busy right now, so thought I'd see if there was any info I could gather here.

The condo we are leasing has window treatments that were installed by a previous owner/occupant. As such, they were in place long before we ever took possession of the unit.

Due to some renovation work going on in the building, all owners were told to temporarily remove any window treatments. If not removed, the contractors would remove at owner's expense.

Our landlord insists that it is our responsibility as tenants to incur any charges resulting from the contractors having to remove or re-install the window treatments. He simply refuses to arrange for the work to be done and insists he won't pay for it.

Are we correct that this actually falls under the landlord's responsibility, considering the treatments belong to the owner and were part of the leased property? Thanks.
If you are leasing condo it is normally the OWNER who must deal with such things and in any condo I have been in, the condo corporation would expect the owner to do this work and if they didn't they would do it and charge the owner. I would talk to your Property Manager - unless 'minor repairs' are in your lease (unlikely!) it's an owner responsibility and if contractor replaces them the bill should go to the condo corporation who would then bill the owner.
 

NorthYorkEd

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#5
Don't get suckered into doing the work for free or paying the owner's bill from the contractors.
Too late. :)

The owner is very old, and recently experienced a significant health setback. He has treated us well up to this point, so I had no problem taking them down for a couple of reasons -- it was easy enough to do, and I didn't want the contractors to be delayed when they came to do their work. It would have been embarrassing for me, and a pain for them.

I also thought I would do him a favour by helping him avoid any penalty fees for not being prepped, and by taking great care during the removal so that everything was kept organized and ready to be put back. I also didn't want to cause him any undue stress -- felt sorry for him after his recent troubles.

Of course, in hindsight, I should have let the chips fall where they may, and he would have been billed by the Corp for the delay. In any event, we would still be where we are now anyway -- with a window system that needs to be re-installed by professionals, as it now requires some extra drilling due to the renovations. He simply refuses to pay for it.

In his mind, I was doing what I was supposed to anyway and it was not appreciated at all. Lesson learned.

If you are leasing condo it is normally the OWNER who must deal with such things and in any condo I have been in, the condo corporation would expect the owner to do this work and if they didn't they would do it and charge the owner. I would talk to your Property Manager - unless 'minor repairs' are in your lease (unlikely!) it's an owner responsibility and if contractor replaces them the bill should go to the condo corporation who would then bill the owner.
In this case, the contractor provided quotes for extra finishing work before the project started. Our landlord did not take advantage of this, so we will likely have to pay someone to do the work and then try and get reimbursed.

What a drag. That's what you get for trying to help a guy out.
 

DSC

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#6
Too late. :)

In this case, the contractor provided quotes for extra finishing work before the project started. Our landlord did not take advantage of this, so we will likely have to pay someone to do the work and then try and get reimbursed.
From you latest post I see that these 'window treatments' were, probably, not part of the "Standard Unit" so the Condo Corporation will not be responsible for them and if you pay to put them back your only source of $$ will be your landlord. If I were you, I would send him a registered letter asking him to replace them by xxxxx and stating that if he does not do so you will arrange for it to be done but will accept no responsibility for any damage and will expect reimbursement. (You may never get any $$ but you do not want to be charged 'damages' if something goes wrong.) If you end up doing the work you should also probably check with your Property manager or Board as the Corporation may have regulations about screwing into ceiling etc.
 

NorthYorkEd

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#7
From you latest post I see that these 'window treatments' were, probably, not part of the "Standard Unit" so the Condo Corporation will not be responsible for them and if you pay to put them back your only source of $$ will be your landlord.
Correct, these were custom treatments that were part of the unit when we leased, but installed by a previous owner/occupant.

If I were you, I would send him a registered letter asking him to replace them by xxxxx and stating that if he does not do so you will arrange for it to be done but will accept no responsibility for any damage and will expect reimbursement. (You may never get any $$ but you do not want to be charged 'damages' if something goes wrong.) If you end up doing the work you should also probably check with your Property manager or Board as the Corporation may have regulations about screwing into ceiling etc.
Thanks -- when I last spoke to the owner to tell him that I wasn't able to do the re-installation, he said I could call whoever I wanted to help, but that he wasn't paying for it. I'll take that as permission to go ahead and book the contractors, as they are still on-site. :)

Collecting should be the most challenging part, but we'll get there when we get there. Maybe LTB can help, or we can deduct from our final rent check. Would have stayed here, but not feeling too good about this situation and feel it is best if we move on.

Thanks for the input and advice!