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Question - Tenancy in Alberta...

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Old Jan 25th 2014 | 3:05 pm
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Question Question - Tenancy in Alberta...

Hi all,

Wondering if someone can help me.

My hubby and I moved to Calgary from Winnipeg earlier this month. We are currently renting a basement in a house (6 month tenancy) and hope to buy a house by the Summer.

The upper level of the house was empty when we moved in, and someone has just moved in today.

The tenancy we have is for no pets, it is very specific in our contract. Which, due to the fact i'm allergic to most furry friends, was one of the things that was essential for us when we found this place.

Now all day my allergies have been going crazy, at first I thought maybe it was me being daft, but I've just got home and saw that they have a dog upstairs (it was looking out the window as I walked up the path).

Last week the landlord asked me if I would have a problem if the tenant had a cat. To which I stated I'm allergic to cats, particularly long haired.

He did not ask about dogs or anything else.

Now I've just texted him asking if the new tenants have any pets, to which his response was: 'Yes she has a dog, but it is short haired. She told me she would vaccum all the time and would keep the dogs hair short'.

Where do I stand on this? The house is split into a basement apartment and upper level apartment. We share an air supply.

I'm sure the new person is very nice, and I don't want to start a war, but I can't be allergic to my home for the next 5 months.

 
Old Jan 25th 2014 | 4:45 pm
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Default Re: Question - Tenancy in Alberta...

That is a difficult one as there is nothing that I could find in the Alberta Residential Tenancies Act that would cover this.

Perhaps you could have a chat to your landlord and explain your severe allergies to pet dander/fur and ask if he would consider releasing you from your tenancy. You would probably need to get confirmation from your Family Physician to show that you do suffer and that it will affect your quiet enjoyment and quality of life there.

Alternatively, ask your landlord if he can install hepa filters to the main furnace and see if that helps. You could also buy yourself a free standing hepa filter machine.


Last edited by Siouxie; Jan 25th 2014 at 4:52 pm.
 
Old Jan 25th 2014 | 5:21 pm
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Default Re: Question - Tenancy in Alberta...

Originally Posted by MrsL22
Where do I stand on this? The house is split into a basement apartment and upper level apartment. We share an air supply.
Depends on your contract. Unless you specifically stated you would only rent in a pet free building, not a lot you can do but ask your landlord to let you out of the contract or pay the balance and move on. The landlord put a clause on you, you did not put one on him it seems.

The residential tenancy act applies to pets from a landlords perspective and a tenants responsibility, not the situation you describe.
 
Old Jan 26th 2014 | 1:40 am
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Default Re: Question - Tenancy in Alberta...

If you're reasonable about it, he may let you out of the lease (or let you sublet?). The rental market is buzzing and he shouldnt find it difficult to find a new tenant.
 
Old Jan 26th 2014 | 6:42 am
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Default Re: Question - Tenancy in Alberta...

I thought I replied so if this shows up twice I am sorry new here. I am from Alberta and had problems with a landlord before. I contacted these people and they were able to help tell me what my rights were and how to resolve this:

Calgary Office



Main Floor, Rocky Mountain Plaza
180 - 615 Macleod Trail SE
Calgary, Alberta T2G 4T8



Phone: dial toll-free 310-0000 (then 780-644-3000)
Fax: 403-297-2669
E-mail: <snipped>



Office Hours: 8:15 a.m. to 4:30 p.m.
Closed between noon and 1 p.m.

Last edited by Siouxie; Jan 26th 2014 at 8:53 am. Reason: Including email addresses will let the spammers have a field day :)
 
Old Jan 26th 2014 | 8:41 am
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Default Re: Question - Tenancy in Alberta...

can you take Claritin?
 
Old Jan 26th 2014 | 9:04 am
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Default Re: Question - Tenancy in Alberta...

Originally Posted by Becki567
I thought I replied so if this shows up twice I am sorry new here. I am from Alberta and had problems with a landlord before. I contacted these people and they were able to help tell me what my rights were and how to resolve this:

Calgary Office



Main Floor, Rocky Mountain Plaza
180 - 615 Macleod Trail SE
Calgary, Alberta T2G 4T8



Phone: dial toll-free 310-0000 (then 780-644-3000)
Fax: 403-297-2669
E-mail: <snipped>



Office Hours: 8:15 a.m. to 4:30 p.m.
Closed between noon and 1 p.m.
It is not a tenancy issue, but a contractual one. From what the OP has stated, nothing contravenes the tenancy act. Unless they put in their contract they would only rent in a pet free environment or the landlord advertised pet free then let in a pet owner with pets, there is not much one can do.
 
Old Feb 21st 2014 | 3:43 am
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Default Re: Question - Tenancy in Alberta...

Originally Posted by Aviator
It is not a tenancy issue, but a contractual one. From what the OP has stated, nothing contravenes the tenancy act. Unless they put in their contract they would only rent in a pet free environment or the landlord advertised pet free then let in a pet owner with pets, there is not much one can do.

It was resolved. The landlord did advertise pet free. Landlord resolved issue. Pet was removed.
 

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