We had our basement flooded a month ago due to the sewer backing up. It's cleaned out and dry now but apparently could take up to another two months to be rebuilt and carpeted back to normal. It's a rented house where the rent reflects use of the main floor and basement.

Anyone come across this situation before - did you negotiate a rent reduction? I'm not desperate to leave the house but I don't think it's reasonable to pay the full rent when the basement is out of use for such a long period.

You should be able to obtain a rent reduction although, obviously, this will depend upon how reasonable your landlord is. If you get nowhere, try these people Residential Tenancies Dispute Resolution Service

If that doesn't work, you can always sue. Why did the sewer back up?

Defo mate.

Do you think they'll re rent quickly when its been flooded?

We chanced our arm last year and asked for 200 off our rent and the landlord said immediately, yes. Wish we'd asked for 300! Good tenants are worth their weight. Dont ask, dont get.

The sewer back up affected quite a few houses in the area. It occured just over 4 weeks ago when it had been raining almost continously for a nearly a week. Houses had flooded previously in 2005. The suspicion is that the city sewerage system isn't adequate. After this event the landlord has installed a backflow preventer device. Insurance company and some neighbours have taledabout going after the city for some of the losses at least. We got nearly all our belongings out in time so it's not worth our while making a claim due to the large deductible.

I will have to look through properly but I think the letting agreement says something to the effect that in the event the property becomes uninhabitable the contract is terminated from that date. In theory if the contract was terminated on that date then arrangements after that are to be agreed?

Someone at work whose wife is a realtor reckoned that 1/3 off the rent would be achievable.

You can ask your landlord to have a sewer backflow valve fitted, to prevent this happening again.
Some insurance firms may give a discount on premiums,also some cities offer a rebate for carrying out this work, check there website.

See post number four.

My apolligies for a repeat of a previous reply, in between me writing the reply and sending it the info was posted by another.
My delay was checking of the availability of the grant, in this neck of the woods some of the grants have been suspended within the last month.

OK you're not going to like this but come on get real.

You posted your first reply yesterday and the reply containing the information you duplicated was posted on June 28th.

How is this between you writing and then posting?

Maybe he has a rural internet connection using string, yogurt pots and carrier pigeons.

This one looks like its going to dispute resolution or lawyers.

They totally rejected the suggestion of a rent reduction.

Then they offered this "If you would like to leave before the end of the lease period we understand and will agree to waive any notice period required or penalty mentioned in the lease agreement." After telling them we were going to vacate at the end of July they are now claiming that under Alberta Residential Tenancies Act we are liable for rent to the end of August.

I think according to this the house fails to comply with Alberta Health standards so the fist action may be to get an inspection arranged.

http://tenant.landlordandtenant.org/...ts.aspx?id=241

Those two sentences appear to contradict each other.

What was the length of the lease, or was it a fixed term tenancy?

You probably already know this, but the Residential Tenancies Act provides the minimum notice periods. The appropriate sections are sections 7, 8 or 9 here: Residential Tenancies Act

Ensure you comply with section 10.

It's a fixed term tenancy with a 60 day notice period to end early with penalty and liability for rent until a new tenant is found.

The minimum notice periods apply to periodic tenancies I think. It seems the landlord has now realised this and just (rather huffily) acknowledged that we are entitled to move without any notice whatsoever.

Minimum notice does apply to periodic tenancies, not to fixed term tenancies, as they expire, unsurprisingly, at the end of the term.

Some of them will have terms that allow for early termination.

I don't understand what you have stated above. It would appear from your first paragraph that you have to give notice, you remain liable for a penalty and payment of rent until a new tenant is found, but your second paragraph states that you don't have to provide notice. I don't understand this.

Beware though that, even if notice is not required, you are likely to remain liable for rent (depending, of course, upon what the terms state).

The agreement states the notice period and penalty. However, they have recently said: "If you would like to leave before the end of the lease period we understand and will agree to waive any notice period required or penalty mentioned in the lease agreement."