A stereo was blasting until past 2:00a.m. If, despite the above measures, you receive complaints from neighbours about noisy tenants in your property, you may initially urge them to take up the issue with the tenant, given that as a landlord, you are not legally liable for their noise. When I tried to retrieve it, the rug was gone. Unless you are a very unlucky landlord and have very troublesome tenants you should hope to have very little interaction with the LTB and hope to not really need Notices of Termination. If, after serving the N5, the tenant stopped the complained about behaviour for at least 7 days then the first N5 Form has been voided and you can not apply to the LTB on that Notice. Conflicts between landlords and tenants often have to do with emergencies as well as repairs and privacy issues. I had the tenants sign a form N9 (Tenant's Notice to End the Tenancy), although their bail conditions included keeping clear of the house in which their criminal activities took place. As the applicant you will proceed first and prove the allegations in the N5's to the best of your ability. Ask too, what a 20 year old carpet is worth and get an opinion about the current value of a used 20 year old carpet. We require that you are logged to complete the requested action. Make sure to take note when trying to collect the details about the complaint that you get a sense of how serious the complaint is. Hi: So I am having trouble getting past the idea of whatever a "clothes processor" is. Simply because the legal test is satisfied does not mean that you must serve legal notice to terminate a tenancy. The complaint (from one tenant) or complaints from multiple tenants all involve these issues. Often enough, property managers have email addresses of all of the tenants/owners/members--perhaps an email can be sent out to everyone asking if the person who took it (presuming the rug was abandoned) would please contact you to arrange for its return. 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. Noise complaints by one tenant against another are difficult to resolve at the best of times. You will find that there are some potentially useful resources that can be found in the Useful web links for landlords & tenants section of this guide. "This part of your reply: "Are you effectively relinquishing your rights as a residential landlord? Thank you for the quick and direct response. However, the landlord may not seek to evict a tenant in retaliation for legitimate complaints about housing conditions to … Also, the complaint does not have to identify a repeating pattern. Perhaps it explains why you thought it so ugly and presumed it was not worth very much. A landlord may attempt to harass or intimidate a tenant as a form of retaliation or to get the tenant to move out. The communication with the tenant (being complained about), should not be confrontational nor accusatory. Sometimes landlords even make false claims as a way of trying to evict their tenant. As your witnesses testify, the tenant (or the tenant's lawyer) will be permitted to cross-examine your witnesses. There are two areas in the Form that are most susceptible to fatal error. This would be a useful exercise too as it would let you get some evidence about people's expectations about putting stuff in that storage area. I'd have to do some research on what "law" should apply). Part III of the RTA sets out the Responsibilities of Landlords (section 20-32), and in that you will see that you are granting (by lease and statute) and fair amount of rights to the tenant. 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. It isn't a fight and I don't suggest that you approach it in that way. The hearing will end with you and the tenant making submissions and arguing to the LTB what you think the evidence proved and what the proper outcome of the case should be. If the Landlord Does Not Comply. She is now suing me in small claims for $7000 (she did a cheap online valuation on 'ValueMyStuff' of the rug that put the cost at $5000 US). What constitutes "reasonable enjoyment" is an objective question (as opposed to subjective). He did not accept responsibility, blamed the complainant, and suggested that responsibility actually fell to someone else. They went to every unit in the building and invited all the neighbours before the party and asked if they would be cool with a fun, loud, and boisterous "block party" in the building. The newspaper contacted the landlord regarding the situation the tenant had described and as a result decided to drop the eviction entirely. ), and this situation falls into a grey area in terms of my rights as a tenant. If you don't mind, I'd like to hear the outcome. The N5 Form is the correct form to use when the issue is "substantial interference". I say this having kids, a dog, and the tendency to slosh my wine and beer when the good times are rolling. I don't think that "reasonable enjoyment" in a rooming house can extend to an expectation that all residents will go to sleep at the same time, enter the premises at the same time, leave to work at the same time, use the facilities within a set period, and not watch t.v., computers, and all the things you describe. You can't put an heirloom rug on the floor, not tell the sub-tenant about its exceptional nature, and then come after them when something happens to the rug. You are. Other tenants can not expect you to conform to the way that they live. Just in the unit? If the noise complaint is not effectively dealt with it can lower the standards of the entire rental property and leave a landlord open to complaints from neighbors off the property. This would be especially the case if this is a Co-op as the RTA is of limited application to Co-ops. At the Landlord and Tenant Board the landlord will have to prove his/her case just like in a regular Court. Tenants’ Right to Quiet Enjoyment The right to quiet enjoyment of the rental property is at the heart of noise complaints. You can get help on how to fill out the various blanks by reading. This means that the decision will be written out and delivered in the mail in the coming month or so. 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. The Residential Tenancies Act (RTA) does not contemplate a "majority rules" system of landlord and tenant relations. Good luck with this. It depends on the situation and whether any previous complaints have been lodged. For proof you will need witnesses to attend at the hearing to testify about what happened. In the common law provinces, this covenant is implied in every lease. The short answer is "no". How many people you talk to and how much effort you put into the investigation really depends on how much information you get, what the evidence looks like, the seriousness of the issues, and what action you think will need to be taken. The landlord could get upset and perhaps might try to charge back the cost or maybe even serve you with a Notice of Termination and try to threaten the termination of your tenancy. Were you bothered? If the landlord does nothing, and the tenant being bothered continues to complain, and still the landlord does nothing, then the complaining tenant can actually file an application against the landlord for failing to take steps to make sure the tenant has reasonable enjoyment/quiet enjoyment of their rental unit. For the most part I am very, very quiet...but just walking around or climbing the stairs to use the washroom generates complaints about noise.Last night I was at the casino for SuperBowl and arrived home at 2am, I entered very quietly, closed the door gently, and made very little in the way of noise. An N5 is a voidable Notice of Termination meaning that a tenant who receives one will be given a chance to correct their behaviour and continue their tenancy. That being said, it is an argument and not necessarily a conclusive victory.The balance of the landlord's position is pure nonsense. Alternatively, you could file an application asking for an Order requiring the landlord to repair the machine (a T6 application), failing which if the landlord succeeds in arguing that the "processor" is not included then an Order requiring the landlord to remove it.The next alternative isn't really a sanctioned approach under the RTA but you must wonder what would happen if you dragged the unit into the hallway (presuming an apartment building) or you drag it somewhere else on the landlord's property and abandon it there. Let's say that the complaint comes in via email and that it is detailed in one sense and vague in another--perhaps it reads like this: Hi Larry Landlord:  I just wanted to send you an email to let you know about a huge party last night in the building the cops had to come. I don't see your action in putting the rug in "storage" as being negligent or foolish.I wonder too, has the tenant put up a notice in the building to inquire all the neighbours whether they have the rug? Or perhaps it is reasonable not to ask if you think you're dealing with something junky. This is true even if their rent is paid by cheque, electroni... At the beginning of every tenancy a landlord should be going through the empty rental unit with the new tenant with a checklist. Even the best tenant/landlord relationship can quickly break down when one of the two parties does not fulfill the obligations in the rental agreement. Did you make a report? Thanks! The lease is only one document that speaks to the terms of the lease--the presence of the unit in the apartment and confirmation that former tenant's stuff would be removed also speaks to the terms of the lease being that it is included in the rent. Please, can you do something about this? You might need to go back to the tenant asking for more details or perhaps you will need to make a call to the tenant to get the information you need to understand exactly what happened. Conduct by the landlord that substantially interferes with a tenant's use of its premises for 'all the normal purposes' may amount to a breach. I suggest that it is not. If so, how? You will be permitted to cross examine any of the tenant's witnesses and the tenant as well if the tenant gives evidence. More Heat Please--It's Cold in my Apartment! Turns out that they thought the complaining tenant was away as another tenant said that Terry Tenant was away on business. You can read the following if you want to organize a tenants association. He was remorseful of the problem caused and sought to apologize to the tenant who complained. The "Details" that you should be providing in the N5 should cover: Who, What, Where, When, Why and How. 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. Did you speak with police? Of course, if you are flushing the toilet repeatedly for your amusement and are walking up and down the stairs repeatedly for exercise and further causing normal sounds to happen over and over and over again for you won amusement--then perhaps indeed these sounds could constitute "substantial interference". "Quiet Enjoyment" means something slightly different than "silent" enjoyment. I didn't get a police report number. Is serving a Notice of Termination a landlord's only option when the complaint is well founded? Landlord and Tenant Law questions answered for tenants and landlords by Ottawa lawyer Michael Thiele. I thought I'd try to talk to the tenant who was having the party but I couldn't find the tenant as there were too many people. Do you have a report number? If the notice you received doesn’t seem to be justified or warranted and you want to refute the eviction, you will need to know what the process for this is by checking with your local rental authority. You covered what I had intended when I wrote "relinquish most...rights. The police shut down the party. Of course landlords retain their ownership, and the right to enter a property in order to effect a repair, or with 24 hours notice, etc. They said the party was awesome and the first sign of any issue was the police showing up. Further this tenant was seeking to have a party and make fun for all of the tenants in the building. Hence, dealing with the "contents" from a statutory perspective I think would incorporate the idea of "negligent" or "wilful" damage which are the criteria under the RTA for imposing liability on a tenant for causing damage. If so, isn't it reasonable to store a junky looking thing there until it is needed again? Comments that have been published may be deleted upon request to the author.The content of this article and any responses to comments are intended to provide a general guide to the subject matter. 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. If they did, I think you'd win that case and certainly if the LTB for some reason felt the landlord was correct then I would expect relief to be exercised in your favour on paying the disposal costs.Good luck to you.Michael K. E. Thielewww.ottawalawyers.com. Hence, to the extent that you are able you might want to collect corroborating evidence of how you live and the noises you cause for your defence.Good luckMichael K. E. Thielewww.ottawalawyers.com. I smelled a lot of cigarette smoke in the hallways and it was even coming under my door which triggered my asthma. 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. A single one time event is enough to make the complaint legitimate and is enough to require a landlord to take action to comply with their obligations under the Residential Tenancies Act. Hi Micheal, This is an unrelated question, but I haven't been able to find a more relevant article on your blog and this is the most recent post. Your behaviour strikes me as reasonable in the context of what you knew--and what you reasonably could know at the time. Was there noise? What is considered "excessive" noise? Were you affected by the party? Tenant's who cause normal sounds will not be in breach of section 64 RTA. If you have not filled out an N5 before you will need to set aside some time to read the form and the online guide and take time to understand how the form works. It is "objective" in the sense of what would the "reasonable person" think (this used to be called the "reasonable man" test). The number "5" simply means that it is the 5th notice. While it may seem like over-kill to ask a tenant for these kinds of details it is indeed very important to have these details so that you can do your job as a landlord properly (this is explained below). In most cases, landlords will just notify tenants of the complaint, and remind them of their obligations under the lease. If you have selected and screened your tenants well you could reasonably avoid the LTB and the legal niceties of eviction. But noise that is long-lasting, consistent, and unreasonably loud will likely get under a neighbor’s skin, prompting them to file a noise complaint against another of your tenants. The situation: A retired man who lived in Toronto for 29 years was given an eviction notice by his landlord, telling him that he had to vacate his apartment within 23 days. guests, roommates). Unfortunately, it is also one of the trickiest forms to use under the Residential Tenancies Act. I suppose the answer in many respects is "yes"--especially when it comes down to controlling the property, accessing the property, regaining possession of the property and determining who occupies the property (i.e. Of course you can serve the N5 but there are other considerations. It's not absolute and is a guideline only. They say they are under no obligation to fix it, which is fine, however, they also say that since it has been several months since I moved in, I have 'inherited' the item and that it is now my responsibility to fix or remove, and that I should have figured it out sooner since on my lease it says that laundry is not provided.I want to argue that based on Section 41 of the Residential Tenant agreement, all items left by former tenants should have been removed prior to my moving in. 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. It is important to check with local provincial or territorial rental authorities to find out if there is in fact an advocacy group that is in your area. A noisy tenant can be a pain in your otherwise perfect rental lifestyle. That sounds different to me than an abandoned items area. In all respects, I think, both investigation conclusions support a determination that the tenants in apartment 4 breached section 64 RTA and that Terry Tenant's complaint is justified. At a certain point there are some sounds and building noises that are part of apartment living in that building and these sounds must be accepted. A landlord can get into far too much trouble if they don't have a basic understanding of the Residential Tenancies Act. While an N5 could still be served--is it required to be served? Mid-term exams were finished so we blew off some steam. Hence, if a tenant complains about a neighbour/tenant who is making loud noise, shouting in the hallways, smoking in the premises, or any other kind of unreasonable behaviour that interferes with the tenant's quiet enjoyment it is, legally, the landlord's responsibility to take action to fix it. Let's make the complaint about stereo noise, smoking in the hallway, shouting on the balcony and in the common hallways. If the "fit up" shouts "regular" why would you be expected to take particular care with a rug. A noise complaint is a formal complaint lodged against an individual or operation for causing a disturbance or interruption of one’s quiet enjoyment of their living quarters. What is the proper procedure to follow when you are given an eviction notice by your landlord? The person disturbed by the incident is Terry Tenant and as such the evidence from Terry Tenant is very important to have. These details would include the dates and times of the incident. This blog has been a lifesaver for me. Comments are published as submitted and commenters should be aware that if they identify themselves in a comment that their identity will become public upon the comment being published. I don't know that this is really helpful for you as it doesn't seem applicable for what has happened here. The point is to collect as much information as you can as efficiently as possible. Residents typically take noise complaints to landlords before law enforcement. The "seems foolish" part I don't think is actually "foolish". The music was admittedly loud. The adjudicator will very likely reserve the decision. Contact the police. Section 64 of the RTA is the legal basis for dealing with a tenant substantially interfering with the reasonable enjoyment of the premises. A void N5 means that the Landlord and Tenant Board has no power to evict and no power to consider the application. Why does a landlord have to care about the effect of noise or other anti-social behaviours on other tenants? She never told me the furniture was expensive and it did not look very pricey, so I was shocked. The first you will want to do is to carefully review the notice and check to see what your rights are. The Human Rights Code applies to every person in Ontario. 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. Wear & Tear in a Damaged Apartment--How much can the landlord charge? Contact the Landlord and Tenant Board The Landlord and Tenant Board (LTB) has a phone line where you can get general information about the Residential Tenancies Act … 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? A tenant's demand for "perfect silence" is not reasonable when the noises complained about arise from normal living and objectively reasonable behaviour. People were running up and down the hallways shouting, hooting, and there was a lot of swearing--though it was a party. Further, the "substantial" interference must also be interfering with "reasonable" enjoyment. How did you know there was a party going on? 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 … Beyond that, I do think it is a bit much for a landlord to have a detailed appreciation of the RTA. If the rent is run of the mill range and the other stuff in the unit is "typical"--Ikea, Sears, Walmart, Leons, The Brick, type furniture why would anything in the unit say to you be very careful about this particular item because it is very expensive. If it is expected to be reasonably safe storage (but it isn't) why did the tenant not warn you about the thieving from storage. 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? Hi Gemma:The Residential Tenancies Act doesn't have much to offer you. I also have an email from the landlord stating that all items left behind by previous tenants that are not included on an itemized list by the incoming tenant - which I did not provide - will be disposed of. Due to its size, I feel like it will cost quite a bit to pay for its removal, and I physically can't pick it up myself. When these kinds of conflicts occur, it is very important for both parties to take all the of the appropriate legal measures to resolve the issues between them. The result: The tenant took a proactive approach and contacted his MPP as well as a lawyer and the Rent Tribunal and a local newspaper. Before you withhold rent as a way of getting leverage over your landlord, remember that doing so will only cause more problems than it will resolve. Also, its more of the principal of it all. I think so. The complained about tenant might email you back or perhaps it is an oral conversation. If you already have an account with us please login. Within this article there are topics that have been skimmed over but which you should still learn about. The "L" letter stands for Landlord and the "2" number simply means 2nd application form. There are also fire, health and building inspectors that can help with certain cases to help tenants with getting any necessary repairs done in a timely manner. Terry Tenant. If you are satisfied that serving an N5 is unnecessary then make note of your conclusions and reasons and end the matter there. Nine months later I discovered that my house was raided by the police and the tenants face a total of 32 felonies between them. They thought that everyone in the building was cool, everyone was invited, and no one said anything negative. Where the noise is coming from a child or children, there are really very few real options for the landlord. What does a carpet that is 20 years old really owe you? As the landlord you have the burden of proof (on a balance of probabilities) to prove that the things you allege in the N5 actually happened. You have more of an argument here than you recognize. Could you rely on a letter or affidavit from Terry Tenant as opposed to having her come to the hearing? 516/06 under the Residential Tenancies Act, 2006 (RTA) were amended effective July 1, 2020. This check... From time to time clients bring me some odd leases that have been drafted, not by lawyers, but by landlords themselves. Given what you have concluded would serving an N5 be over the top? Even in the context of self contained apartments what constitutes "reasonable" varies depending on the age of the building, construction methods, etc.. The reason the landlord gave was that he claimed the tenant’s dog had caused significant damage to the property, telling him that the dog had chewed the hall walls and was running loose outside among other things. However, if after 7 days but before the expiration of 6 months the tenant does something again then you can serve a 2nd N5 Notice of Termination and then apply to the LTB using the Form L2. However, if the behaviour is as you describe then I simply don't see it.The next part of the test is "reasonable enjoyment". This article is a high level view of how to deal with complaints about tenant's making noise. If your landlord does not make the necessary repairs or fully respect the tenant’s rights, there are local rental authorities as well as advocacy agencies that can provide any necessary assistance. 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