Notably, no where in my lease, or in any emails, does it say that it is my responsibility to inform them of items left behind that are missed during the inspection that requires removal, nor a time period that such requests need to happen by. I presume the tenant would be equally distraught if a pet wrecked it (you have a right to pets), a kid wrecked it, or a big red wine stain adorned it--would it be reasonable to sue for $7000 to replace an unremarkable rug due to accidental damage? I think you could in fact insist on it being repaired by the landlord and provided by the landlord. This is simple enough to say, of course, but a recurring problem like noise complaints can challenge even the most experienced landlord. IMPORTANT NOTICEAny answers provided are intended to reflect the Law of Ontario, Canada. While you're at it you could ask for a rent abatement as well. The tenant should provide the landlord with documentation of the noise, including any written requests to the disturbing tenant to stop, recordings, witness statements, and copies of complaints made to local noise regulation enforcement agencies. "Reasonable" enjoyment does not mean any kind of enjoyment that a tenant has. They are aware of the no smoking clause and that they don't smoke and find it very disrespectful that people would presume to smoke in the building without permission. The answers are not legal advice and no one should rely on the answers provided as legal advice. Its just frustrating as they are correct that it has been a while, and that laundry is not included according to the lease (though, it is a 'clothes processor' not a washing/drying machine so can it really be considered laundry? Noise complaints by one tenant against another are difficult to resolve at the best of times. It is an outside objective question. The unit that was having the party was apartment 4--the new people who moved in two weeks ago. I didn't get any sleep and I have a job interview today that I am going to have to cancel. While on a year-long sabbatical, I rented my second "work-adjacent" home, fully-furnished (located 4 hours from my main home) to two tenants and a girlfriend. A landlord is also not able to force a tenant to waive this right, as it interferes with a tenant’s basic rights. Did you make a report? Frankly, I like your chances (gut reaction) and your offer of a $1000 seems very reasonable to me.Good luckMichael K. E. Thielewww.ottawalawyers.com. The Human Rights Code applies to every person in Ontario. You may file the application on-line with the LTB and in due course the Landlord and Tenant Board will send you a Notice of Hearing to attend (presuming that the tenant did not move out in accordance with the N5). Let us assume that as a result of the investigation you have figured out what happened. The place finally quieted down around 3:30 a.m. when the police arrived. What does a carpet that is 20 years old really owe you? Even if a landlord is trying to bully or harass you into eviction, they cannot do so without following the proper legal process and without a valid reason to do so. They are having some kind of problem with their landlord and... What can a landlord do to a tenant that is making too much noise and is disturbing other tenants? Additionally, during the conversation about the clothes processor, I was accused of lying to them, and that I had a deal on the down-low with the previous tenants (whom I've never had contact with) and am now regretting that decision. The incident should be described and it should be explained how the incident substantially interfered with the reasonable enjoyment of the residential complex by the landlord or another tenant. She also had the rug insured, so she has already gotten her money back. A noise complaint is a complaint that is received by a tenant, neighbor, or landlord whenever someone believes that too much noise is being made. Withholding rent without any kind of court approval or order is not advisable and you could get evicted as a result. Nine months later I discovered that my house was raided by the police and the tenants face a total of 32 felonies between them. If the person you sublet from was a tenant (RTA covered) then your sub-tenancy would likely be RTA covered as well with the tenant being your landlord. Good luck with this. A stereo was blasting until past 2:00a.m. I'm certain that an expanded column on this particular aspect of the RTA would be of interest to many. GUESTS, GIRLFRIENDS, BOYFRIENDS, and other VISITORS: WHAT CAN THE LANDLORD DO? I think not.I'd explore also the idea of this communal storage area. A tenant must notify the landlord, in writing, by hand delivery or mail, of the noncompliance. Leases often include provisions about excessive noise, which allows landlords to issue warnings to noisemakers, as well as evict tenants who repeatedly violate the noise rules. You (the landlord), when renting a unit to a tenant are giving the tenant, as part of the lease, an assurance and condition of the lease that the tenant will be able to enjoy the rental unit in all normal and usual ways. If they cannot work out a compromise on their own, and the noise is excessive and continuous, the landlord should be notified. "This part of your reply: "Are you effectively relinquishing your rights as a residential landlord? Did you speak with police? Perhaps the person who assumed it was abandoned would return it if a notice was put up and people were asked to return it. Many landlords will try to speak with th... Interest owed to tenant on last month’s rent deposit A question that I get from time to time is how to calculate the interest owing on a... What should you do when your tenant is disturbing other tenants? I also feel that if they did a proper inspection in the first place I wouldn't be currently in this predicament. The implied covenant of quiet enjoyment is a fundamental element of lease agreements and it ensures that landlords will protect tenants in the event of any kind of disturbance. There was a fair amount of cannabis smoke too. But in their latest reforms to the act, the Canadian gover… The complaint (from one tenant) or complaints from multiple tenants all involve these issues. Thanks Terry Tenant. That makes no sense. But if I can't crack my knuckles 3 hours after my shift ends, then what about MY rights to quiet enjoyment of my home, even though my room-mates are on a different sleep schedule? If you are going to oppose the eviction based on the reasons listed for it, you do not have to leave the rental property until you get an order from your local rental authority. Certainly the $1000 you offered gets you a reasonably nice area rug/persian rug whether at IKEA or at the rather common Persian Rug auctions that grace our cities on a regular basis. Hi Gemma:The Residential Tenancies Act doesn't have much to offer you. If the complaining tenant doesn't follow up with you or refuses to cooperate, or demands anonymity, or is otherwise hesitant to take the matter any further, this tells you a lot about what you will ultimately be able to do (even if you manage to substantiate the complaint). Were you affected by the party? Please share with me any concerns that you have. Other tenants will only tolerate being bothered for so long before they give a notice to terminate their own tenancy (so you lose a good tenant) or they decide to file an application against you to force you to do your job and pay them money for not doing it. Any thoughts on the situation would be greatly appreciated. There is no benefit of the doubt and there is no sympathy for it being your "first time" and simply not knowing or making a mistake. When renovating or redeveloping a property, landlords must consider the covenant of quiet enjoyment in favour of their tenants. Even in the context of self contained apartments what constitutes "reasonable" varies depending on the age of the building, construction methods, etc.. The person disturbed by the incident is Terry Tenant and as such the evidence from Terry Tenant is very important to have. This means that the decision will be written out and delivered in the mail in the coming month or so. If so, isn't it reasonable to store a junky looking thing there until it is needed again? As a landlord you likely want to encourage this. There are lots of witnesses, I saw a lot of the neighbours partying too. This check... From time to time clients bring me some odd leases that have been drafted, not by lawyers, but by landlords themselves. How these rights and obligations over-lap is the trick.Your conduct, if it is to be the basis of eviction, must amount to a "substantial interference" with "reasonable enjoyment". If your landlord is violating the law, then you can contact the Investigation and Enforcement Unit, (IEU,) of the Ontario Ministry of Municipal Affairs and Housing at 416-585-7214, or outside of the 416 calling area, toll free at 1-888-772-9277. It is not uncommon for tenants to have problems with their landlords. Again, to contextualize this article, let us assume that you (the landlord) receive written complaints, email complaints, text complaints and oral complaints from one or more tenants about the behaviour of one of your other tenants in the building. Mid-term exams were finished so we blew off some steam. If your landlord-tenant issue demands immediate legal action, you may want to seek Landlord Tenant resources for legal advice, mediation or Small Claims Court (for claims under $5,000 — no attorney necessary). What is considered "excessive" noise? Both landlords and tenants can prevent misunderstandings, hassles and possible legal expenses by knowing their rights and responsibilities under the Montana Residential Landlord and Tenant Act and their rental agreement.”. Tenants are entitled to live free from unreasonable disturbances, which can include excessive, ongoing noise. To take action on a noise complaint — especially if a loud tenant needs to be evicted — a landlord needs written documentation of recurring noise problems and to have notified the tenant … Just in the unit? If the Landlord feels that the tenant is still making noise, or hasn't stopped making noise, then the Landlord has to apply to the Ontario Landlord and Tenant Board (like a court) for an eviction order. For this tenant, serving a voidable 1st N5 Notice of Termination makes sense. Terry Tenant. If the tenant is successful, the landlord can be ordered to pay a rent abatement to the tenant, reimburse costs associated with the interference, and also be ordered to do anything that the Landlord and Tenant Board considers necessary to give the complaining tenant reasonable enjoyment of their rental unit. The evidence against you will likely be a bunch of complaining co-tenants. Given what you have concluded would serving an N5 be over the top? At the Landlord and Tenant Board the landlord will have to prove his/her case just like in a regular Court. Once I have the details I can start an investigation to figure out what happened and to figure out how this issue can be dealt with. Tenants that live in large urban centres may find that there are local advocacy agencies that can be of assistance in helping to resolve issues with landlords. 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