Noisy tenants and Ontario landlord tenant law.
What would a landlord do to a tenant who makes too much noise and disturbs other tenants? Many landlords may try to talk to the tenant accused of being loud and ask them to keep it down. Often it works. Other times, no matter how much work the landlord puts into trying to make the noisy occupant louder, they ‘re just not going to change their way.
The noisy tenant can be a real problem for the landlord. Some tenants will start complaining to the landlord, and they will start calling for action. If this happens, some of these tenants will file an application against the landlord for an abatement of the rent (return of rent money) and some will attempt to put an end to their holdings and move on. The danger to the landlord is that a noisy tenant will push out high-quality tenants. The result is empty homes, reduced rental revenue, and higher costs for the planning of a new occupant unit (from painting to ads to commissions!).
The proper way to deal with a disruptive tenant is to apply to Ontario Landlord and the Tenant Board. In the case of a noisy tenant, the appropriate boxes on the form are ticked on the grounds that the occupant greatly interferes with the fair enjoyment of the premises by other tenants, the landlord or the landlord’s employees.
Note that certain dates need to be entered as well as specifics of the allegations. Notice that the law behind these criteria is technical, and often proves complex. It is worth studying the Residential Tenancies Act as well as the comments and brochures available on the Landlord and Tenant Board website. Failure to strictly comply with the legal specifications is likely to result in an outcome where you will have to start all over again.
If the first N5 is served, the termination date must be at least 20 days from the date of service. If you hand over the N5 to the tenant or put it in their mailbox, the date of termination of the notice must be at least 20 days after the date of service. No matter how ridiculous it may seem, if you fail to give the correct number of days, the Landlord and Tenant Board will dismiss your case and you will have to start all over again.
The information segment is the segment Who, What, Where, Why, When. The Divisional Court has made it necessary for this section to include adequate information for the applicant to know precisely what they are accused of. In most cases, this would require the dates and times of the alleged events to be recorded. Failure to include adequate information is also a justification for your application to fail.
Usually, tenant has 7 days to fix the behaviour-or to avoid the behaviour complained of. If the tenant ceases the offending activity, the tenant will be able to remain in the apartment. However, if the tenant does not stop acting within seven days after Notice is given, the landlord can apply to the Landlord and Tenant Board in the form of L2. The filing of this form will result in the issuance of the Notice of Hearing and the scheduling of the hearing date. At the hearing, the landlord must be prepared to prove the case against the tenant on a balance of probabilities.
It’s not enough to make an argument in a straight forward fashion (i.e. The tenant plays loud music) If the allegations are about music, knocking, or something else entirely, witnesses or questioning will be necessary to clarify what happened. In addition, it may be important to explain the negative effects to solidify proof of the nuisance conduct. For example, other tenants/ landlord couldn’t sleep, couldn’t hear TV, or otherwise peacefully enjoy their unit. It is often not enough to have written letters of complaint or even an affidavit.
If the landlord supports the claims made in their N5 notice, the adjudicator should decide in their favor. However, the adjudicator can be convinced by the tenant to exercise his right to keep the tenancy on terms ( i.e. order the tenant to be good and not to annoy other tenants for a specified period of time). This is a critical moment in the case and can cause an otherwise entirely successful application not to reach its full potential and evict the tenant on that day.
Where an N5 matter is proven and the adjudicator determines that it would be unreasonable to refuse the eviction, the Landlord and the Tenant Board shall issue an order terminating the lease and eviction of the tenant. The Board will either affirm the termination date set out in the N5 notice or arrange for a new date of termination. At this point, the occupying tenant will be expected to move out of the apartment by the specified date. If the occupant does not leave by the ordered date, the landlord has no choice but to file an eviction order with the Sheriff at the Court Enforcement Office in the local courthouse. The Sheriff would allow the occupant a few more days to move out and then remove the occupant and turn ownership of the apartment over to the landlord.
What about the case where enforcement with the N5 was cancelled within 7 days of the notice of termination? I’m going to write about that another day if there’s a comment asking for that detail. In short, if the first N5 has been cancelled and is within six months of the first N5, the landlord may charge the second N5 (for another Notice of Termination). This second notice is not invalid, has shorter notice periods and allows the landlord to apply directly to the Board of Directors. At that hearing, the duty to prove the content of the notice remains with the landlord, and the landlord would have to prove the claim in both the first and second N5s in order to win the eviction.
This article is for general information purpose only, it does not and was not intended to substitute legal advice. Where contemplating individual action, speak to a licensed legal representative.