After Darren Deinstadt was evicted from a Riverview, NB, apartment he lived in for a month due to fire and smoke damage to a neighboring unit, he says he received conflicting information on whether He would have to pay the full month’s rent for an apartment he could not use temporarily.
Deinstadt’s renter’s insurance paid for the housing as well as the replacement of some damaged furniture, after her claims adjuster determined that her apartment was temporarily unlivable after the December 11 fire.
“They came in and they assessed everything and I have their word and the property restoration company said they would not recommend anyone living there at that time,” Deinstadt said in an interview Thursday.
He called the Residential Tenancy Tribunal, asking whether he needed to pay a full month’s rent for an apartment he couldn’t use.
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“I was advised on the grounds that I should not pay rent because it does not meet the standards of living in New Brunswick,” he said.
“So I didn’t and lo and behold, a couple days letter, my landlords put a notice to vacate in my mailbox.”
While Service New Brunswick’s website states that it is the landlord’s responsibility to provide a well-maintained unit that meets all standards, the law is unclear as to whether or not the tenant is required to make full payment when the rental unit becomes monthly. be unusable for a part of
Deinstadt brought the eviction notice to a Service New Brunswick office in Moncton.
“They immediately started an application for assistance to try to help me. But unfortunately nothing happened, and they told me there was nothing they could do, and that if I didn’t want to be evicted So I have to pay my full fare,” he said.
Denstad paid the rent to avoid eviction.
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Service NB representative Jennifer Vieneau declined to comment on the specific case, citing privacy reasons.
When asked about the policy of paying full rent if the apartment is unusable for a portion of the month, Vienue said:
“Once an application for assistance relating to damage to a unit has been received, the Residential Tenancies Tribunal will examine the matter and make a decision based on their findings.”
Landlord Brian Steves responded in a statement sent on Friday, saying:
“About an hour after the fire was extinguished there were restoration firms on site and the fire department was still present. (…) All residents were re-occupied in their apartments the next day, except for the apartment where the fire started, this apartment The apartment below that was affected by some water damage, and Mr. Deinstadt’s apartment,”
It further read that the apartment was available for possession within 10 days on December 21, following a cleaning by restoration company First On-Site.
Deinstadt disputes that timeline and provided Global News with documents from restoration company Belfor as well as her tenant’s insurance claims adjuster, saying the apartment would be unsafe for at least three weeks.
Steves’ statement also read, “Issuing a notice to vacate is standard practice for any resident who has not paid their rent. (The tenant tribunal) and the insurance company indicated that the rent was due because their The insurance company was paying for their temporary accommodation.
The Steves have agreed to let Deinstadt out of their lease, which expires in March, so they can look for new housing.
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