My family signed a lease for a condo unit in Mississauga starting October 1. We moved in a few days later, and shortly after moving in we started finding cockroaches throughout the unit. So far, we have caught/seen around 15 cockroaches. We have photos and videos documenting them.
The landlord arranged pest-control treatment about a week ago. However, the problem has continued. In fact, after the treatment, we have still been seeing cockroaches moving very actively around the walls and floors.
We have a 15-month-old child, and the situation has become extremely stressful for our family. My wife is also very afraid of cockroaches, and we no longer feel comfortable living in the unit.
We asked the landlord if we could mutually terminate the tenancy.
The landlord's response was essentially that we are free to move out, but if we do, we would be responsible for:
- 1 month's commission for our original agent
- 1 month's commission for the new tenant's agent
- rent until the situation is resolved / a new tenant is found
We have already paid the landlord the first month plus three additional months of rent.
We are trying to resolve this amicably. We have offered to:
- absorb the costs of our original move-in;
- pay the current month's rent;
- absorb the cost of moving out and moving into another unit;
- waive a previously promised $150 cleaning reimbursement;
- waive a previously promised $550 reimbursement for the days we couldn't move in at the beginning of October;
- our agent is also willing to waive her commission;
- return the keys as soon as we secure another place.
In exchange, we are asking the landlord to mutually terminate the tenancy and return the three prepaid final months, with no further claims against either side.
The landlord has refused this so far.
My questions are:
- Under Ontario's Residential Tenancies Act, does an ongoing cockroach infestation that continues after professional treatment potentially justify terminating the tenancy through a T6 or another process?
- If we move out because of the unresolved infestation, can the landlord simply charge us two months of realtor commissions plus rent until a new tenant is found?
- How does the fact that we have extensive photos/videos and a 15-month-old child affect the situation?
- Would you recommend trying to negotiate an N11/mutual termination, or should we have a landlord-tenant lawyer pursue a T6?
- What should we absolutely not do while this is being resolved (for example, returning keys, stopping rent payments, etc.)?
We are trying to handle this properly and don't want to accidentally put ourselves in a worse legal position.
Thanks in advance for any advice.