Landlord Wins Noise Dispute Case: Estifanos v Harrison 2024
Hamilton landlord wins noise dispute case, tenant granted conditional relief to avoid eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
5 Victoria Ave N, Hamilton, ON L8L5E2
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Mar 8, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment of the rental unit by another tenant in the building. The Landlord served a valid N5 notice alleging excessive noise from the Tenant's unit on 22 specific dates. The Tenant denied the allegations and claimed the complaints were fabricated.
Determinations
- Landlord proved substantial interference on balance of probabilities
- Tenant did not void N5 notice within 7 days
- Granting relief from eviction subject to conditions is not unfair
Arguments and Actions
Tenant
Arguments
Tenant argued application was retaliatory for speaking with building inspector.
Actions
Tenant denied allegations, claimed complaints were fabricated. Tenant said he was at work during many of the alleged noise incidents.
Decision Summary
The Landlord proved the Tenant substantially interfered with another tenant's reasonable enjoyment, but relief from eviction is granted subject to conditions. The Tenant must not engage in or permit excessive noise for 12 months. If the Tenant fails to comply, the Landlord can apply to terminate the tenancy without notice.
Reason for Eviction Relief
It would not be unfair to grant relief from eviction subject to conditions
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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