Post # 1
I was coming in from my shift today at 0830 and the landlord has not shovelled or salted at all in my apartment building full of frail elderly and I am the one who falls on my butt. Great. Bonus is I have pre-existing back injuries and have really aggravated them.
I am going to see my chiro in the am but my husband says that they are liable and I am actually wondering if I need to get a lawyer. It has been three days since it started snowing and no one has done any maintenance. I photographed everything and my next door neighbor saw me picking myself up and rushed over to help me 🙂 I wouldnt be that mad, I mean accidents happen but they were really rude to Darling Husband when he called to tell them what happened and ask when someone would be clearing the sidewalks. He said that I have hurt myself and if they don’t do something they may be held liable under the law. They pretty well told him “well we have other properties…” ITS A MANAGEMENT COMPANY! HIRE SOMEONE! Hell, Darling Husband is out of work, give him a shovel and he’ll do it!
In BC the tenancy act states that “the landlord is responsible for cutting grass, shovelling snow, and weeding flowerbeds and gardens of multi unit residential complexes and common areas of manufactured home parks.”
I normally would just take my sick day and not make a big deal about it, but I am willing to take this up the ladder to protect my elderly neighbors and myself in the future. Any legal bee’s what do you think? Anyone been here done that before?
Post # 3
@mrsjustinm2b: As a bee from ontario who has had similar maintenece issues, it wasn’t worth my time. My apartment flooded and the floors (laminate) had to be ripped out. I knew things happened, nothing was destroyed and the landlords said the floors would be fixed within th emonth (mind you, I was living on bare concrete floors in a basement at this point). FOUR MONTHS LATER I moved out because they still hadn’t fixed them and refused to for some reason or another.
What did I learn? Everything goes through the landlord courts which take years to settle. In the end, I would have had to take time off work (likely a few dates), see them again, hear about every little nail hole I had left in the wall and, if I was lucky and could prove my case without a doubt that they had spent an unreasonable amount of time allowing me to live in the squalor, I would have been reimursed 1/2 my rent for 3 months– or $950. Oh, and since I knew I would be moving across the province within 12 months, I would have to pay for all the plane tickets to return to go to court!
In the end, I gave up.
Before I would hire a lawyer to talk abou tmy case, I would read a site that deals with the landlord/tenancy acts in BC. There was a great one in Ontario that explained the basics of how everything worked, what you may or may not get in return and whether or not you would require a lawyer. It helped me (as did my uncle who is a lawyer) realize that in Canada, it generally isn’t worth your time or money to take someone to court.
Post # 4
Is there a bylaw in the city that you live in? Many Canadian cities have them, but they vary how long people have to shovel their walks. A phone call to the bylaw office might be a good place to start.
You probably won’t get much if you do seek any legal action. Any treatment (like your chiro appts) would be covered, but I know sometimes you have to exhaust your insurance company first, so there’s a good chance that they only money you’ll get is what you would be out of pocket.
I’m not a lawyer or anything, just providing you the little bit I know.