Negotiation is always the best policy

There are always repairs that can be done in almost every dwelling at any specific moment. It is usually only when a landlord (or sometimes a tenant) denies his responsibility to take care of a building that the City gets involved.

A recent case, two weeks ago, shows both the denial of legal responsibility with non-completion of a legal promise and the possibility to negotiate a settlement acceptable to both parties.

Specific details have been removed to guarantee privacy.

Our client came to the clinic and complained of repairs not being done, promises for repairs not finished and appliances not purchased.

A legal letter to the landlord was required to be sent to the property owner before the City could be informed.

The mise-en-demeure (legal letter) concentrated on the following:

• Bathtub tiles not replaced as promised and necessary.

• Painting required in several areas.

• Surface-mounted, non-grounded (not three-pronged) electrical outlets.

• Areas where a water infiltration problem was potentially not solved.

• Areas where plumbing work had been done and the wall was left open.

• Duct tape used as long-term plumbing tool on pipes.

• Skylight windows (interior) missing, with plastic film as substitute.

• Potential mold problem.

• Furnaces left open and in pieces.

As you can see, the tenant had some valid concerns.

When you put these together with the fact that the landlord lives downstairs and has spent considerable money to make himself a relative palace, it is difficult to understand why he would not do repairs that are legally required and complete or furnish the things that have been legally promised to the tenant.

Remember, this case, unresolved, has been festering since the tenant moved in. The landlord made many promises to the tenant and the tenant made many entreaties to the landlord. No adequate result.

Often, in this type of concern, there are many hidden agendas.

While listening to the story, I was able to discern the following:

• The tenant trusted the landlord due to specific misplaced beliefs.

• A certain amount of arrogance entered the picture.

• Class position, landowner versus renter.

• Nothing was put in writing, therefore lying and resulting mistrust existed.

I visited the premises in question, along with a witness. Photos of the exterior were taken. These photos would be used as identifying, establishing shots, for court evidence.

There was no effort made, whatsoever, to hide the reason for this inspection.

Should the landlord have left his dwelling and questioned me, I would have given my business card, explained the reason and attempted to negotiate and get it in writing. I remain polite and as welcoming as possible. It is by far more preferable to negotiate.

If the landlord had threatened to call 911, I would have done it myself the second he threatened or blocked entry. This is a last resort. You want to resolve concerns, not start others.

Anyway, upon entering the dwelling, we discovered missing ceramic tiles in the entry, broken/missing windows in the skylights, apparent beginnings of mold, holes in walls, incomplete plumbing repairs, inadequate/no longer up-to-code electrical outlets, bathroom tiles and required waterproofing not up-to-code, and additionally some questionable fireproofing material over the open furnaces which the City would be required to verify, low amperage-value electrical extension cords used for a permanently installed vacuum cleaner, etc., (more was found than what was in the letter).

Extensive photos were taken and copies of the report provided on CD electronically as well as paper.

In other words, the tenant truly had a few problems. The City would visit and make its report. The proprietor would then be forced to meet code etc.

While doing the inspection, the landlord hurriedly left the building.

The landlord was very aware that the tenant had finally decided to get serious.

He consulted his own lawyer, which, of course, is always very highly recommended. Obviously, whatever advice that was given resulted in an offer and negotiated settlement. Negotiation is by far the better choice.

Some of the terms of this agreement are below:

• A brand new fridge and stove.

• A rent reduction for loss of rental value.

• Further financial considerations which were acceptable to all parties.

No specific amounts are mentioned here to assist anonymity and to not allow readers to assume the same level and type of settlement would or should apply to them.

It was a fair amount and the associated conditions met the needs of all parties.

My message to tenants is this: Get it in writing, get receipts, send legal letters. Take care of your residence. Get promises in writing.

My message to landlords is this: Get it in writing, get receipts, send legal letters and do repairs in a prompt manner. Put promises in writing. It is preferable to put the money into the building rather than a payout to a tenant because you still have to do the repairs.

Negotiation is always best. In this case, after both parties consulted legal experts to be sure of their particular rights and obligations, ended up with everyone walking away, their heads held high. It was a win-win situation!

• This is a general overview only. Please seek legal counsel or come and see us. Ted Wright is coordinator of Westmount Legal Clinic, every Wednesday at 3:30 p.m. at the Westmount YMCA, 4585 Sherbrooke St. W. Send questions to tedquestions@yahoo.ca or via fax to 514-277-8403, or mail to P.O. Box 48101, Montréal, Qc., H2V 4S8. Please provide a phone number to verify identity. Your name will not be published without your permission. Mr. Wright contributes to various media in Canada, both print and electronic. Should you wish personal, more extensive assistance, professional fees may apply. He may also be heard on the Know Your Rights legal show every Saturday at 2:30 p.m. on CINQ 102.3 FM. Podcasts of shows are available for one week after original airing at www.radiocentreville.com. Ted Wright can also be heard every so often on 940NEWS Montreal's legal affairs programme “Sidebar with Dino Mazzone”, every Friday evening from 8 to 10 p.m. on 940 AM.