EARLY ON THE MORNING OF FEBRUARY 13, 2008, I GOT A VOICE MAIL FROM CHERYL LAMBERT AT HOMESTEAD. SHE SAID THAT THERE WAS AN EMERGENCY, WATER LEAKING INTO THE BOILER ROOM IN THE BASEMENT, AND THEY WERE SURE IT WAS COMING FROM MY BATHROOM. NOW, I LIVE ON THE 5TH FLOOR AND THE BASEMENT IS BELOW THE 1ST, SO THERE ARE 5 FLOORS BETWEEN HERE AND THERE. THEN SHE STATED THAT SHE AUTHORIZED PLUMBERS TO ENTER MY APARTMENT, WHETHER OR NOT I WAS THERE.
SHE GAVE THEM COMPLETE AUTHORIZATION TO STORM IN HERE LIKE PARATROOPERS OR THE SWAT TEAM, WITHOUT JUST CAUSE. IT WAS A LEAK, NOT A FLOOD!!! WHAT'S THE EMERGENCY? AN EMERGENCY WOULD BE A FLOOD OR FIRE, NOT A LEAK. THE LANDLORD TENANT BOARD (LTB) LISTS AN EXAMPLE OF AN EMERGENCY AS A FIRE. ALSO, HOW WOULD A "LEAK" ORIGINATE IN MY APARTMENT AND AFFECT ONLY THE BASEMENT? WOULD IT NOT BE FROM THE FLOOR ABOVE? ALSO, IF THERE WERE A LEAK IN MY APARTMENT, WOULD THEY NOT NOTICE IT ON EACH OF THE FLOORS BELOW MINE, BEGINNING WITH LIKE, D'UH, THE 4TH?
A FEW MINUTES LATER THEY ARRIVED, POUNDING ON THE DOOR, AND WALKED RIGHT IN. AFTER A THOROUGH INSPECTION IN MY BATHROOM, THEY TOLD ME THE PROBLEM WAS NOT IN MY APARTMENT. THEY HAD CHECKED THE FAUCETS AND EVEN FLUSHED THE TOILET. NO LEAKS. NOTHING.....
ON THURSDAY AFTERNOON, I RECEIVED AN E-MAIL FROM CHERYL. IN IT, SHE STATED THAT THEY FOUND THE LEAK, BEHIND MY BATHROOM WALL, AND THAT SOMEONE WOULD BE HERE ON TUESDAY, FEBRUARY 19TH TO FIX IT.
THERE WAS NO EMERGENCY OR REASON TO ENTER MY APARTMENT, WITHOUT THE LEGALLY REQUIRED 24 HOUR WRITTEN NOTICE. YOU WILL SEE FROM THE ATTACHED E-MAIL, WHICH INCLUDES ALL CORRESPONDENCES ABOUT THIS MATTER, THAT THERE IN FACT WAS NO EMERGENCY AT ALL. IT WAS, AS I STATED, JUST AN INSPECTION.
READ FOR YOURSELF AND YOU WILL SEE THE TRUTH.:
----- Original Message -----
From: @hotmail.com
To: Cheryl Lambert
Cc: Michael Terkalas
Sent: Saturday, February 16, 2008 1:00 PM
Subject: Re: The inspection in my apartment this morning
Hi Cheryl:
Isn't this the same "emergency", for which you authorized the plumbers to enter my apartment on the 13th? The repair won't be done until the 19th. Interesting.
Sarah
----- Original Message -----
From: Cheryl Lambert
To: @hotmail.com
Sent: Thursday, February 14, 2008 4:48 PM
Subject: RE: The inspection in my apartment this morning
Hi Sarah:
The plumbers have located the source of the leak. They will need to access your apartment to repair a cast iron pipe located behind your bathroom wall. We have scheduled this repair for Tuesday, February 19th, beginning at approximately 9:00 a.m. Again, we apologize for any inconvenience this may cause.
Cheryl Lambert
From: sedspromo@hotmail.com [mailto:sedspromo@hotmail.com] Sent: Wednesday, February 13, 2008 3:52 PMTo: Cheryl LambertCc: Michael TerkalasSubject: Re: The inspection in my apartment this morning
Hi Cheryl:
I just don't understand how there could have been a sound of running water coming from my apartment at all. I was in bed. There had been no water turned on in here, bathroom or kitchen, since last night at bedtime. Then it was only turned on long enough for me to freshen up and immediately afterwards it was turned off. Not only that, the plumbers checked for leaks, and there were none, adding that the problem was not here. The super had also checked for leaks in November during the smoke detector inspection as I stated, finding none then either. I'm at a loss.... The reason why I contacted you, was because of the way I was abruptly awakened. That was rather unpleasant, indeed!
Sarah
----- Original Message -----
From: Cheryl Lambert
To: @hotmail.com
Sent: Wednesday, February 13, 2008 3:31 PM
Subject: RE: The inspection in my apartment this morning
Hi Sarah:
We had a plumbing emergency this morning that required access to your suite. There was a leak in the boiler room and the sound of running water coming from your apartment and neighboring apartments. The other apartments were also inspected. We apologize for any inconvenience we may have caused you.
Cheryl Lambert
From: sedspromo@hotmail.com [mailto:sedspromo@hotmail.com] Sent: Wednesday, February 13, 2008 1:08 PMTo: Cheryl Lambert; Michael Terkalas; homesteadkingston@cogeco.netCc: ltb@ontario.caSubject: The inspection in my apartment this morning
Hi Cheryl: That appears to have been some kind of inspection here this morning. I had been in bed when you called and no water had been running, anywhere in my apartment, since I used the facilities last night when I arrived home.
I found the following on the site at the LTB. A 24 hour notice is required for inspections. When the super was here in November, for the smoke detector inspection, he went to the bathroom and checked for leaks. Even though it was not on the notice I had received for the fire alarm inspection, I allowed him to proceed, so he would not have to bother me with another visit in the future. That worked, didn't it? It appears to me that you justify forcing entry into an apartment by saying everything and anything is an emergency, or so it appears (from previous experiences as well), because you don't want to go through the proper channels or procedures. I'm sending a copy of this to Jim Watson's office, at MAH, for their feedback as well.:
About Entering the Rental Unit
Entry without written notice
A landlord can enter a tenant’s rental unit without written notice if:
there is an emergency such as a fire,
the tenant agrees to let the landlord in,
a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:
the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).
Entry with 24 hours written notice
A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:
to make repairs or do work in the unit,
to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
to allow a potential mortgagee or insurer of the complex to view the unit,
to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
for any reasonable purpose allowed by the rental agreement.
The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.
See more about Homestead Land Holdings and how the largest private landlord in Canada actually treats their tenants.
Go to: http://homesteadlandholdingsltd.blogspot.com/ OR
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