同感。
本来也就是钥匙交接的小问题,因为没找到钥匙,联系房主比较困难,就直接单方面终止合约有点牵强。钥匙的交接方式是双方同意的,当天晚上半夜到,没拿到钥匙还是进了房间,所以没有钥匙不是退租的直接理由。感觉退租的原因主要是楼主觉得地方不够干净,闲杂人太多,落差感太大等等。
不过运气好,有个好律师,出租方不懂法,那还是会赢的。
不光是钥匙交接问题,请看上述英文条款——律师认为房东存在严重过失。请先学习租赁法再下结论。像你们这样遇到事先替被告说话的,生活中一定都是怂的。
The landlord did not comply with the terms of the agreement, provide keys, correct deficiencies, maintain the premises in a good state of repair fit for habitation and in compliance with health, safety, housing and maintenance standards as well as my right to be free from interference with the reasonable enjoyment of the premises.
I have sought legal aid with regard to this matter. See s.20-23 of the Residential tenancies Act, 2006 (“RTA”) set out below:
“Landlord’s responsibility to repair
20. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. 2006, c. 17, s. 20 (1).
Same
(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. 2006, c. 17, s. 20 (2).
Landlord’s responsibility re services
21. (1) A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food. 2006, c. 17, s. 21 (1).
Non-payment
(2) For the purposes of subsection (1), a landlord shall be deemed to have withheld the reasonable supply of a vital service, care service or food if the landlord is obligated to pay another person for the vital service, care service or food, the landlord fails to pay the required amount and, as a result of the non-payment, the other person withholds the reasonable supply of the vital service, care service or food. 2006, c. 17, s. 21 (2).
Landlord not to interfere with reasonable enjoyment
22. A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household. 2006, c. 17, s. 22.
Landlord not to harass, etc.
23. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 2006, c. 17, s. 23…”
I’m a human being who values human rights. This unprecedented traumatic experience is one that has violated my basic rights, as the property that the landlord provided was a hazardous place and unfit for human habitation. I hereby ask the Landlord and Tenant Board to look into this application, and to provide a prompt resolution.