Heres the story:

our tap started leaking like a month and a half ago, i sent the landlord an e-mail (this is how we usually communicate to the landlord), they didnt come fix the tap so we just sorta put something over the hole to redirect the water. In the mean time we were still waiting for the landlords to come fix it as they tend to take long to fix things whenever we have problems

anyways that wasnt really a big deal but then just recently my roommates gf cleans our kitchen for like 3 hours

so my roommate decides that it would be a good time to remind the landlord again to come fix the tap now since the whole kitchen had just been cleaned

and i guess since the water was on for so long while the kitchen was being cleaned, a lot of water leaked down to somewhere and caused water damage....

so when we call the landlord to come fix the tap she comes, sees that water damage and claims that we are responsible since we never notified her about the problem, claiming that she never received the e-mail

so now she wants to charge us for what she claims to be $1000 of damage and says she is going to bring us to the 'tribunal' if we decide not to pay

anyways we have a copy of the e-mail which i sent to originally notify her of the problem, so does anyone know if we are in fact responsible for the damage?????

any help would be much appreciated! thanks!

i dont really kno legally exactly whos responsibility it is....
but common sense would have me thinkin that if you have a copy of that email and can prove you notified her then you cant be held responsible.....i mean SHE neglected to come when you told her about the problem, that subsequently escalated to a bigger one....i say you fight it man, definatly not your fault.

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try here http://www.ontariotenants.ca/

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First and foremost you are not responsible for the water damage, take a copy of the email, make sure that the date that it was sent is somewhere on that copy, and file a complaint at the housing tribunal yourself. Some landlords are alot of big talkers but tenants have more rights. Also when you are filing your complaint make sure you state that in the past it has taken them a while to fix things I know that there is a time frame when things have to be fixed. I found this on the web for you ;

The landlord is refusing to make needed repairs in my apartment. How can I make the landlord carry out their maintenance obligations?
A8: If the landlord does not make repairs on your verbal request, or has a history of not making repairs, put your request in writing, including the date of the letter, and keep a copy.

If the landlord still hasn't done the repairs in a reasonable time, then call your city Building Inspector to make an appointment for them to come out and look at the problem. If the inspector won't come then ask to speak to their supervisor. Get a copy of the inspectors report to save for your records.

If you are still having problems getting repairs done, you will want to contact the Investigation and Enforcement Unit, at 416-585-7214, or outside of the 416 calling area, toll free at 1-888-772-9277.

If problems persists, then you may want to contact your lawyer or Community Legal Clinic, City Councillor, and maybe even apply for a rent reduction on the basis of lack of repair being a reduction of services in your apartment.

This web site might be of some help: http://www.ontariotenants.ca/law/law.phtml#Q8

Andie

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alright thanks for your help guys!

i hope this ends up working out for us....

because her big argument is that "she never got the e-mail bla bla bla we shoulda kept attempting to contact her after we didnt receive a response...."

and i am pretty sure her estimate of $1000 was just a guess..... and also, when her and her husband came here to yell at us, her husband turned off our kitchen sink so that a plumber could come fix the problem.... and then 6 days later the husband is sent in as the plumber and just takes a wrench to the thing and fixes it in 2 seconds...

and they also tried to evict us for noise complaints at the beginning of the year but it turned out that when we got the noise cmplaint, none of us were actually home so the whole thing sounded like a big scam.....

yeah man, your good the same thing happened to me pretty much and we won cause like most landlords ours are wankers