A stereo was blasting until past 2:00a.m. 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. Having received the complaint and having details about what is alleged to have occurred it is necessary for you to reach out to the tenant being complained about. You are. He did not accept responsibility, blamed the complainant, and suggested that responsibility actually fell to someone else. The place finally quieted down around 3:30 a.m. when the police arrived. I confess googling it to see if this is something I should know about. A little deeper and it appears that the contraption is an all in one dryer/washer.Anyway, the landlord's position is simply being made up as it goes along. Even if you are evicted, you are still responsible for paying rent in full up until the date that you leave. I also plan to file for damages in Small Claims Court, but my question is this: is it true that landlords effectively relinquish most of their rights to a property once a lease is signed? In the common law provinces, this covenant is implied in every lease. Not really. Why are you writing to me about this party? I just don't feel like it should be my responsibility to deal the machine. 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. A landlord is also not able to force a tenant to waive this right, as it interferes with a tenant’s basic rights. I can't find a lot of tenant law about furnished apartments, most of it seems to be about damages to property. The answers are not legal advice and no one should rely on the answers provided as legal advice. emergencies as well as repairs and privacy. The answers are intended to be general information about Ontario Law and are the personal view of the author based on the limited facts provided to the author. 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. It appears that even google doesn't know what a "clothes processor" is (at least not on the first page) other than as a job for people. I'm not cranking the tunes, yakking on the phone, or watching movies. If you have received the eviction notice for non-payment of rent, paying it will enable you to stay and will void the notice completely. Did you speak with police? 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. There are blank spots throughout the N5 Form that you need to fill out. Are there any defined hours for noise? Learn when a landlord’s actions are harassment, when the actions are legal and what a tenant can do about it. 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. Could you rely on a letter or affidavit from Terry Tenant as opposed to having her come to the hearing? If they cannot work out a compromise on their own, and the noise is excessive and continuous, the landlord should be notified. ), and this situation falls into a grey area in terms of my rights as a tenant. Going to the police station might reveal the information you are looking for or it might be a lengthy wild-goose chase that leads nowhere. Beyond that, I do think it is a bit much for a landlord to have a detailed appreciation of the RTA. Your case will be dismissed, the application fee that you paid will be wasted, and you will have to start again. The issue of dealing with tenants making noise attracts the same level of responsibility for the landlord regardless of the size of the building. Perhaps, given the size of the party, you decide to contact one of your other tenants in the building who you've known for a long time to ask what happened. This blog is intended to assist people in learning about Ontario Landlord and Tenant Law. It isn't a fight and I don't suggest that you approach it in that way. Anyway, people were having fun, no one got hurt, and it was a good time. 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. 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. I'm certain that an expanded column on this particular aspect of the RTA would be of interest to many. 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). Do you know the name of the tenant? For the most part, an N5 must be correct and any error results in the form being declared void and you must start all over again. You will call witnesses, tender documents, show video, photos, and whatever else it is that you have to prove the case. Being told that the police had to respond could send you on a trip to the police station trying to find out what happened based on the email received. However, if the behaviour is as you describe then I simply don't see it.The next part of the test is "reasonable enjoyment". Hi: I think that you are focusing on exactly the right questions/issues. However, there are legal rights a landlord does have when dealing with noisy tenants. Those, are beyond the scope of this blog--and beyond the scope of my immediate knowledge (i.e. Here you have a tenant who sought buy-in from the neighbours and thought he had everyone on board. It was more of a decorating issue to make the place more homey. Certainly, as a tenant you have a right to quiet enjoyment of the rental unit as much as anyone else in the property. A tenant's demand for "perfect silence" is not reasonable when the noises complained about arise from normal living and objectively reasonable behaviour. We didn't invite all those people they just showed up. I've started to get calls from (student) tenants who are worried by the fact that their roommates are moving out at the end of the seme... From time to time I will get a call from a tenant who is at his/her wits end. But in their latest reforms to the act, the Canadian gover… The police shut down the party. Scan the other parts of the Act and you will see that your ability to contract for terms you find acceptable is not in fact possible if what you want is contrary to the Residential Tenancies Act. Noise complaints from other tenants are sometimes justified, sometimes not. The eviction notice should set a specific date that the tenant has to be off the premises or it is not valid. 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 … However it goes, you should document the response and information that get from contacting this tenant. 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. Allegations that are generic or just general allegations of "bad behaviour" are unlikely to be sufficient to meet the details requirement. Did you make a report? Perhaps it explains why you thought it so ugly and presumed it was not worth very much. However, the landlord may not seek to evict a tenant in retaliation for legitimate complaints about housing conditions to … I don't know that this is really helpful for you as it doesn't seem applicable for what has happened here. The Ontario Human Rights Code places a duty on landlords to accommodate the needs of a tenant that is […] The "L" letter stands for Landlord and the "2" number simply means 2nd application form. 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. That is a useful way of setting up an argument about reasonable expectations.Perhaps the tenant who owned the carpet couldn't see that her $5000 carpet was worn out and done because she still hadn't gotten over paying $5000 for a carpet? During the event he recognized his responsibility and tried to deal with smokers who were breaking the Rules. The whole delay time thing is, in my view, just plain silly. Section 64 of the RTA is the legal basis for dealing with a tenant substantially interfering with the reasonable enjoyment of the premises. There are two areas in the Form that are most susceptible to fatal error. For example, if the restrictions are "no noise after 11pm" does that mean I am allowed to start a movie at 9pm, knowing they are heading for bed? Put simply, this is a legal contract between you and the tenant in which they agree to pay a particular rent amount for the right to live in your rental unit. 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. 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. 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. “Almost everyone rents housing at some point in life. 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. This question is answered by looking back at the level of detail you asked for from the complaining tenant. The first investigation outcome led to a conclusion, I think, that the tenant was indifferent to the problems that he caused. 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. 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). The music was admittedly loud. Hi Gemma:The Residential Tenancies Act doesn't have much to offer you. It's hard to see how but I can imagine the question being analyzed from a perspective of negligence whether or not that is the correct law--as there is something attractive about looking at an issue from the perspective of "fault".If I were you I would take the invoice, go to a carpet store and see what a replacement costs. You can get help on how to fill out the various blanks by reading. Do not presume that a small mistake can be corrected. Wear & Tear in a Damaged Apartment--How much can the landlord charge? When you contacted one of the tenants he said, "yeah sorry, but it wasn't so bad and was a lot of fun. The tenants in apartment 4 are 3 young guys all in University. Other terms used to refer to a rental agreement include tenancy agreement and lease. Turns out that they thought the complaining tenant was away as another tenant said that Terry Tenant was away on business. Wasn't it reasonable to put it there? If you have selected and screened your tenants well you could reasonably avoid the LTB and the legal niceties of eviction. I think not.I'd explore also the idea of this communal storage area. I'm afraid that if I choose to just leave it, when I do move out they'll charge me for not removing it. The law provides that a tenant who receives an N5 Notice is entitled to a very high level of detail so that they know exactly what is being alleged and so that they know exactly what conduct to stop and so that they can know exactly whether the allegations are legitimate or wrong. Noise complaints by one tenant against another are difficult to resolve at the best of times. 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. The Appellate caselaw is clear that certain errors in a Notice of Termination are not correctable. Does your response, as a landlord, need to be the same for both? 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. The Landlord and Tenant Board is not actively seeking to terminate tenancies and evict people. My question is: am I responsible for the original value of an object that was almost 20 years old? LTB caselaw recognizes that if things are on the premises that these are presumed included in the tenancy and that these items must work. 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. Section 64 is the section that supports a Notice of Termination in  Form N5. However, the key is to be aware of your obligations and to know when you are getting out of your depth. He was remorseful of the problem caused and sought to apologize to the tenant who complained. The Landlord and Tenant Board would tell you to file an application and require the landlord to attend and remove the "processor". I say this because I wonder if a tenant shouldn't be required to point out particularly expensive items and warn a sub-tenant that somethings are especially valuable and to be very careful.If a tenant I was renting from said--"that is a $7000 rug in the living room", I'm fairly certain that I would say "roll it up and put it in storage please pending me moving out". Once your case is concluded the tenant is permitted to lead evidence and defend against the allegations. For the purposes of this article let us assume that you (the landlord) have an apartment building with multiple rental units. "Quiet Enjoyment" is a legal concept that is implied as part of every lease agreement and it means that a tenant renting from the landlord is granted by the landlord reasonable enjoyment of the rental unit for all usual purposes. The complaint (from one tenant) or complaints from multiple tenants all involve these issues. Hi: I'm not sure what you exactly mean by "relinquish most of their rights". The "seems foolish" part I don't think is actually "foolish". When I tried to retrieve it, the rug was gone. Your ability to recover the property is limited to the reasons provided for in the RTA and a fairly pervasive theme in the RTA is "security of tenure" which roughly means that a tenant is granted the right to remain in the property for an unlimited amount of time with the right to quiet enjoyment of the property without harassment from the landlord. I  would like this to stop. 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. You presume theft, the tenant presumes theft. Research your city's noise ordinance. Your behaviour strikes me as reasonable in the context of what you knew--and what you reasonably could know at the time. What does a carpet that is 20 years old really owe you? 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. Which unit? Residents typically take noise complaints to landlords before law enforcement. There are endless ways that noise can be created, and some of the most common sources of noise complaints include: Loud music or television Heavy walking, running, or stomping overhead 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. When it comes to these matters, tenants should deal with their landlords directly, putting everything in writing. This blog has been a lifesaver for me. Are there any witnesses? How can I prove this website's recommendation doesn't make any sense? 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. Why does a landlord have to care about the effect of noise or other anti-social behaviours on other tenants? 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". No specific lease form was available at the time. That being said, it is an argument and not necessarily a conclusive victory.The balance of the landlord's position is pure nonsense. The sound travelled between units and vibrated the walls. 2 months ago a new tenant moved in directly below me and I have started to receive a tonne of noise complaints (mind that I've never had a single complaint prior to this tenant moving in). Landlord & Tenant Board Question (Unreasonable Noise Complaints) I have been living in an apartment building for 2 years. People were running up and down the hallways shouting, hooting, and there was a lot of swearing--though it was a party. Would straight up "negligence" law apply? 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.”. The tenant could deny what happened or perhaps admit what happened but provide a different explanation or context for the incident. You covered what I had intended when I wrote "relinquish most...rights. As you will recall you have two very different investigation conclusions arising from the same complaint? Where was the party happening? If you could write back to me with the requested details that would be very helpful. Simply because the legal test is satisfied does not mean that you must serve legal notice to terminate a tenancy. Please, can you do something about this? The legal question is whether the complained about activity amounts to a "substantial interference with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege, or interest of the landlord or another tenant." How did you know there was a party going on? What is the proper procedure to follow when you are given an eviction notice by your landlord? The Form N5 is available on the Landlord and Tenant Board website. Were you bothered? If so, how? guests, roommates). Let's make the complaint about stereo noise, smoking in the hallway, shouting on the balcony and in the common hallways. Was anyone else bothered or affected by this party--in your household or others in the building? The point is to collect as much information as you can as efficiently as possible. My personal view is that every landlord has an obligation to know the structure of the RTA and the high-level structure of the law. WHAT TO DO WITH THE INVESTIGATION CONCLUSIONS? 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). If the "processor" is not included in the tenancy then they better get it out of the unit. 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. I think in both investigation conclusions that it is fairly obvious that there was a substantial interference. There was a fair amount of cannabis smoke too. You have more of an argument here than you recognize. 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. 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. If I was researching I think there might be something fruitful in the law of "bailment" so I would research around that and see what the cases say. The complained about activity must be "substantial". Further, the "substantial" interference must also be interfering with "reasonable" enjoyment. As the applicant you will proceed first and prove the allegations in the N5's to the best of your ability. Certainly, when you sign a lease with a tenant you convey certain rights to the tenant and to the extent that you are giving the tenant certain rights you are relinquishing your rights in that respect. In deciding this the adjudicator will take into account all of the circumstances as well as any issues that may arise under the Ontario Human Rights Code (HRC) if the issues arise from a disability or other HRC factor. 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. 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. For more information on this subject, refer to Do not withhold Rent to Pay for Repairs. Whatever a `` clothes processor '' space provided about the effect of noise or cigarette in... 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