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My landlord has determined that my building's balconies are in critical need of repair. They have blocked off access to all balconies, and are performing the (extremely noisy) repairs. Repairs are expected to last for 7 months, with no access to the balconies during that time (essentially the entire warm period).

My question is, what are the landlord's obligations in this case. I realize that landlord/tenant law varies greatly (I'm in Toronto, Ontario, Canada), but an answer from any common-law jurisdiction would be helpful.

Specifically:

  • If the landlord knew about the upcoming repairs when I signed my lease, were they under obligation to tell me? I chose the building specifically based on balcony availability, and so it seems like deceptive marketing to me.

  • Am I entitled to a rent reduction (e.g. to the average rent of comparable non-balcony buildings in the area) during the repairs?

  • Am I entitled to any rent reduction / compensation due to the noise (essentially making it impossible to use the apartment during daytime hours)?

  • Are the balconies common areas, or square footage of the unit you're renting? – user662852 May 19 '16 at 19:11
  • They are private to each apartment. However, I'm pretty sure the area of the balcony is not included in the calculation of the unit square footage specified in the lease. – Eugene May 19 '16 at 19:39

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