Friday July 22, 2005
Close to noon today I received an email from my landlord. The impending roofing repairs are to take place on Monday as you will recall, leaving little time to sort out the issues I raised yesterday. To my mind, he sidestepped most of my requests for information, specifically a practical solution to the problem of where to put the car for three or four days.
He missed the point on the issue of three days of repair (or I didn't communicate my concern properly?). My issue wasn't whether or not the repair should take one, two or three days, it was that his roof project promised to be a much longer inconvenience than that of the neighbouring property owner's and yet he had not offered to take the financial hit for potential tickets or towing of my vehicle.
He did apologize for the workman who disturbed me and I have begrudgingly accepted that this once it may be excused as an unanticipated slip up. This is pretty big of me, since the repeated banging at 5 pm that day really doesn't fit his "story". Turns out I can be less of a pedant than we all thought. I still have my detailed notes of when and what happened, though - JIC :-)
As it turns out, I have taken care of the parking complexities for myself and the other tenant even though I do believe it to be his responsibility. I was partway to just leaving my Jeep where it is, but this is our first real run in, so I didn't. Next time, though - I have laid the groundwork in the correspondence today for no misunderstandings of my expectations.
I also didn't go for his making nice about our informal relationship. I haven't told him that part of my ire is a direct result of having viewed for myself the unit the single mom and her kids have been living in for years. Granted, he has only been the property owner since October, but that's been plenty of time to address normal maintenance.
During our email exchange today he states that he can't do all of the projects he mentioned earlier because of all the money he has already put into the building to bring it to "good standard". Also that he doesn't think I was fair in implying he is a slum landlord. Right. I'll be talking to the mom to see if she's gotten Property Standards lined up yet.
I think I made my point. I hope he got the message. We'll see. The lesson today is that documentation and assertion of rights are best done sooner than later. Also that an explanation does not responsibility negate. Anybody unclear on the benefit of insisting on 24 hour written notice? It is a wonderful record should the number of such entries become a nuisance or a particular problem is never permanently fixed but requires multiple disturbances and intrusions.
If you're interested in the email exchange read on. Otherwise, see ya next time!
1. Landlord email.
From the tone of your writing, it appears that the worker knocking on your door unexpectedly triggered a reaction which could strain a good relationship. I would therefore like to address the various issues that you have brought up in order to bring clarity to this situation and keep our relationship as Landlord and Tenant a pleasant one.
First of all, the worker that knocked on your door was disturbing to you and very much a surprise to me. This worker was given the task to install a new furnace into Unit 5. I knew that the work was in progress and it was not supposed to involve any other tenants. I received a call on my cell the same morning and he informed me that he was at the property and had knocked on doors to have the car removed. I was very annoyed at this and I told him that this was not appreciated and that he should have told me that he needed the cars removed and I could have informed you and [other tenant] in advance. I told him that I would call you and ask if your car could be moved for a short period of time. My calls to you were unanswered and I called him back and told him that you could not be reached. He found a way of completing the work. I exercise great diligence in controlling any work to improve the property and bring it to a very good standard. However, not being God, there are times like this instance where something goes amiss and does not work as predicted. I do apologize for the disturbance.
In regards to the roof being redone, it will take more time than the neighbours’ roof because there are two (2) roofs to be done, not just one. There is the barn style roof at the front and the flat roof at the back. The company has informed me that they will do the barn style roof on Tuesday and the flat roof on Wednesday. On Monday, my worker will be there to take down the chimney which does not serve any purpose anymore. This is why contrary to the neighbour; it will take more than one day. Again, this schedule could be moved back by a day or so because of the weather which I have no control over. The company cannot do the roof if it rains, it would damage the property. If this happens, you will be informed of it.
During this renovation, the roofers have asked that the car be moved to avoid damages to your vehicle. This is not to restrict your parking rights. It is to do repairs to maintain the property in good standard. As reasonable adults, we can find a solution which will work for both of us. I do not suggest that your park on the street and be given parking tickets. I suggest that a public parking in the area could be found where your car could be parked. We will reimburse you for the cost of parking upon receiving your receipt for the expense. I believe that this is a reasonable solution to this situation. If you have another suggestion, please feel free to let me know about it. I am certain that we can arrive at an understanding in this matter.
As to the other improvements to the property, yes there are plans to do the landscaping, the windows, a storage shed, etc. In less than a year I have invested large sums of money to bring this property to good standard. The plans are there for further improvements and they are dependant upon having the money to do them and the workers schedule. I don’t believe that having plans which cannot be executed as rapidly as I would like brings us to the level of a slum Landlord. When you sent an e-mail to have the grass cut, I did instruct my worker to go over as soon as he could. He was able to go a few days after. He has been instructed to keep the grass short and the property clean. I also try to minimize the storage of building materials on the property and hope to have it removed as soon as the major renovations are done.
Finally, I would like to address the matter of the 24 hour notice. I thought that our relationship was such that I could call you in advance to let you know of repairs to your unit.
The Tenant Protection Act states:
Entry with notice
21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:
1. To carry out a repair or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
3. To allow a potential purchaser to view the rental unit.
3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.
4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186.A 24 hour notice is required in the case of repairs being done in your Unit. In this case, the repairs being done are outside your unit and thereby do not require a 24 hour notice. However, I do inform you and other tenants involved of what is to happen any time improvements are being done. Now, if you wish for our Landlord Tenant relationship to go in this direction, I will ensure that any time that I need access to your unit; a written notice will be given in accordance with the Tenant Protection Act.
Up to now, I have very much enjoyed our less formal relationship and would hope to continue in that direction. But, if you wish on having such notice in writing, I will respect your rights and it will be done from thereon.
If you have any other concerns, please let me know either by calling me or sending me an e-mail and I am certain that we can discuss them and arrive at an understanding like we have in the past for such things as the replacement of electric base board heaters and the change of the door closer.
And you thought I wrote a detailed note! Whew. I have heard that liars will provide tons of irrelevant detail and answer questions you didn't ask. Not that I'm saying that this person is a liar. Don't get me wrong. I'm just ruminating on all that detail that doesn't answer my concerns. Hmm.
2. My first response (remember, he said I could send him my suggestions!)
On the matter of the parking problem, which is the most pressing at the moment, the City of Ottawa will issue Consideration Parking Permits to residents for situations such as these, I have not been able to talk to a live person yet, but a recording informed me that the city needs 72 hours notice for the provision of such a permit.
The city's web page: http://ottawa.ca/city_services/parking/permits/consideration_en.shtml
If myself and [other tenant] had been given enough notice, this could have been a solution to the request that we not use our designated parking spaces. As it stands at this time (1:30pm on Friday) I have little faith that my call to the city will be returned, whatever hoops necessary jumped through and a permit issued in time to accommodate your request for a car-free driveway on Monday morning.I know of no public (non-metered) parking in this area. The city's web site shows none in this vicinity, so I have to say that your proposed option for reimbursing receipts for such will not be workable.
What would work, would be the rescheduling of the roofing until the week after next (week of August 1st) which would give you enough time to get the permits for our cars to be parked on the street for the whole week if necessary.
At this point, with no further information from the city I have no other suggestions to offer but the latter.
The remainder of the problems communicated in my email can be addressed by your informing workers of the need to not disturb your tenants. I don't expect you to be "God", but you are responsible for the worker's behaviour as their employer through your service arrangements with them. To prevent further disturbances, supervision of said workers may be prudent.
I will accept your apology for the disturbance yesterday at face value. Back to back the disturbance and short notice of a need to move the vehicles in concert with the neglect of the property up to my email to George gives the impression of a less than diligent custodianship on your part.
I will hold you responsible for the behaviour of your workmen in the future, however. I had hoped we would have an agreeable relationship as well. At the moment, my perceptions are that my rights under the TPA should be asserted.
As for the 24 hour notice only pertaining to the apartment itself, I think you are taking a very convenient view of the rights of tenants. The parking is part of what I am paying for according to the lease. 24 hours notice of the requirement to relinquish my right to park here along with already processed Consideration Parking permits seems reasonable.
3. Final word from me
I have just gotten a call back from the City and arranged for Consideration Parking Permits for myself and [other tenant] for next week. This means there is no need now for any other rescheduling of the roofing work. I was very lucky that someone was willing to issue them with this very short notice.
I do hope you will take care of all this if another occasion arises.
I did thank the City of Ottawa employee who helped me with this last bit profusely. If I had a job, I don't think this would have turned out the way it did because I wouldn't have time to sit on the phone making and receiving the phone calls that were necessary.
0) { ?>