Karaiskakis v Hazelview Properties Inc. - LTB Dismisses Tenant's Substantial Interference Claim
LTB dismisses tenant's claim of substantial interference due to noise from other tenants, finding landlord took reasonable steps to address complaints
Summarized by RentZenLast updated: September 23, 2024
Case Summary
Unit ****, 665 Roselawn Ave, Toronto, ON M5N1L1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
May 2024
Order Date
Sep 20, 2024
Dispute Summary
The Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household due to excessive noise from other tenants.
Determinations
- Tenant did not prove allegations on balance of probabilities
- Landlord took reasonable steps to address noise complaints
- Remaining noise does not rise to level of substantial interference
Case Study
The Tenant did not prove the allegations contained in the application on a balance of probabilities. The Landlord has taken reasonable steps to address noise complaints from the Tenant, including issuing notices to other tenants and investigating the issues. The remaining noise does not rise to the level of substantial interference.
Arguments and Actions
Landlord
Actions
Landlord has taken reasonable steps to address noise complaints, including issuing notices to other tenants and investigating the issues. Landlord's agent testified that any ongoing noise does not rise to the level of excessive noise that would justify serving a notice of termination.
Tenant
Actions
Tenant alleges lengthy history of excessive noise from other tenants, including loud music, banging on walls, punching walls, and yelling.
Decision Summary
The application is dismissed. The Landlord did not substantially interfere with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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