Landlord and Tenant Board Ruling: Noise Complaint Case Study
LTB orders tenant to stop making excessive noise for 12 months, with expedited eviction if order is breached
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 50 Station Street, Ajax, ON L1S0E2
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2020
Hearing Date
Jul 2021
Order Date
Oct 8, 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's excessive noise that substantially interfered with the reasonable enjoyment of another tenant in the building.
Determinations
- Landlord served valid N5 Notices
- Tenant did not void N5 Notices within 7 days
- Tenant's noise substantially interfered with another tenant's reasonable enjoyment
- Eviction would make Tenant homeless
- Section 78 order balances needs of Landlord, Tenant, and affected neighbor
Case Study
The Landlord was able to establish that the Tenant's excessive noise substantially interfered with the reasonable enjoyment of another tenant in the building. The Tenant did not void the N5 notices within the required 7 days. However, the Adjudicator found that it would not be unfair to grant relief from eviction, and instead ordered the Tenant to not make excessive noise for a period of 12 months, with the Landlord able to apply for an expedited eviction if the Tenant breaches the order.
Arguments and Actions
Landlord
Actions
Landlord presented evidence that the Tenant has been making loud noise in the rental unit, and the Landlord sent the Tenant several letters in 2020 asking him to stop making excessive noise.
Tenant
Arguments
Tenant submitted that if the Board grants the eviction, he would have nowhere to go and has no family to stay with.
Actions
Tenant acknowledged noise complaints but denied doing any woodworking or construction in the home. Tenant stated he often leaves for work around 9am and returns around 11pm, so he was unsure of the source of the noise.
Decision Summary
The Landlord's application was not granted. Instead, the Adjudicator ordered the Tenant to not make excessive noise for a period of 12 months, with the Landlord able to apply for an expedited eviction if the Tenant breaches the order. The Tenant was also ordered to pay the Landlord's application fee of $186.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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