Ontario, Canada: Tenant threatens legal action over seemingly unrelated health issues

[mimi31k]

My situation is as follows:

I am one of three (3) signing tenants for an apartment unit. I subleased my room out for 2 months to an individual under a verbal agreement which entitled him to the room plus use of the common space. The apartment itself is an old building, but I made sure to thoroughly clean out the room prior to his arrival. There is one section of wall which suffered water damage (with some crumbling plaster); this was pointed out during his initial viewing of the unit and he was OK with it at the time. We also agreed (verbally) that regular cleaning and sanitation of the unit was his own responsibility. On agreeing, I accepted a cash payment for the first month's rent, plus a deposit for part of month 2.

There were no written or paper records of our agreement or payment.

Midway through the second month, my sublet contacts me and complains about an eye infection which he acquired during this time and blames it on poor sanitary conditions in the apartment and suggests that the area affected by water damage is the source of infection. He demands that his rent be returned and threatens legal action otherwise.

Personally, I do not believe that his infection is a result of the apartment conditions, nor has he produced any convincing evidence to suggest so. I have lived in that room for the past 2 years without any such incident; the same is true for the other residing tenants.

My questions are as follows:
1. Does he have a legitimate or reasonable argument here
2. In the unlikely event that the infection was indeed caused by something in the apartment, am I liable given that

a) I was unaware of the threat and did make an effort to clean and sanitize the place prior to his arrival
b) we agreed that regular cleaning of the place and common spaces was the responsibility of the current tenants
c) there is no written agreement regarding his tenancy
d) I do not actually own the unit

Thanks!

[AFFA]

I wish to inform you that your sub-tenant may not recover rent from you. In this regard, your sub-tenant had stayed in the premises with his free consent and full knowledge of the condition of the premises and thus you may object to his point pertaining to his eye infection. Further, doctors report will prove as to cause of illness. Generally a lease contract can be broken if premises are uninhabitable but in this the person is only relieved from consequences of breach of contract and not for rent already paid for use of premises. You may inform your sub-tenant that you cannot be held liable for his eye infection as you had not violated any law.

AFF

[mimi31k]

Clear and concise answer. Just what I was looking for.
Thank you!

It isn't as clear and concise as you might believe.

For one thing, even if you had express consent from your landlord to sublet, the sublet must be in writing (a legally binding written contract) for it to be enforceable.

Since you merely had a verbal "contract" (there is no verbal contract in any real estate law. All contracts must be in writing), he has no case whatsoever against you.

Frankly, I'd let him go ahead and try to sue you. He cannot prove you even rented the apartment to him. There is no proof (including his payment in cash) that he possessed the property.

The answer is no. He has neither a legitimate or reasonable argument. He will not win should he foolishly attempt to sue you in court over this.