Real Estate

Breaking lease because of noise

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  • Sep 30th, 2020 9:49 am
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[OP]
Jr. Member
User avatar
Jul 18, 2007
138 posts
15 upvotes
London

Breaking lease because of noise

Hi all, Ontario resident here.

I moved into an 8-plex recently. The apartment I moved into smelled strongly of smoke, which the landlord didn't disclose to me at the time of signing. He offered me another unit in the building, which I agreed to. Unfortunately, there is a relatively loud mechanical noise emanating from the vents due to the proximity of this unit to the furnace for the building. This noise is 24/7, and not something that I can comfortably live with. The property manager said they've deployed someone to 'look at it' as she agreed (in email) that it was too loud. I'm not hopeful that the landlord will fork out the money to fix this issue in a timely fashion, if at all. Do I have grounds to break the lease if the landlord does not fix this and does not agree to me breaking the lease?

TIA!
10 replies
Deal Guru
User avatar
Mar 23, 2008
11492 posts
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Edmonton
Steaky wrote: Hi all, Ontario resident here.

I moved into an 8-plex recently. The apartment I moved into smelled strongly of smoke, which the landlord didn't disclose to me at the time of signing. He offered me another unit in the building, which I agreed to. Unfortunately, there is a relatively loud mechanical noise emanating from the vents due to the proximity of this unit to the furnace for the building. This noise is 24/7, and not something that I can comfortably live with. The property manager said they've deployed someone to 'look at it' as she agreed (in email) that it was too loud. I'm not hopeful that the landlord will fork out the money to fix this issue in a timely fashion, if at all. Do I have grounds to break the lease if the landlord does not fix this and does not agree to me breaking the lease?

TIA!
Try calling the Landlord Tenant Board. If the noise is 24/7 and was present when you agreed to take the lease, not sure what kind of grounds you have to get out of your lease. You could always try assigning your lease, but unless you got some particularly good deal, there's not much incentive for someone to take over your problem. On the other hand, if you ask the landlord to let you sub-let or assign your lease and they refuse, then you can cancel your lease with 10 days notice.

You could TRY filing a T6 form with the LTB. One of the remedies you can request is to have the lease terminated. But you would have to allow your landlord sufficient time to try to deal with the issue before that happens.
https://tribunalsontario.ca/ltb/forms/

C
Banned
May 3, 2020
77 posts
73 upvotes
I think you have grounds based on “reasonable enjoyment” of your unit.

However I believe first you would need to talk to your landlord to fix the issue. Take a look at the Ltb website and the act. Should spell out your options.
[OP]
Jr. Member
User avatar
Jul 18, 2007
138 posts
15 upvotes
London
Thank you both! I do plan to talk to the landlord, but I'm preparing for the worst. Thank you!
Deal Addict
May 12, 2014
2588 posts
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Montreal
Steaky wrote: ...The apartment I moved into smelled strongly of smoke, which the landlord didn't disclose to me ... there is a relatively loud mechanical noise emanating from the vents due to the proximity of this unit to the furnace for the building. This noise is 24/7, ...
Didn't you smell the smoke or hear the noise when you visited the unit before signing?
Deal Fanatic
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Sep 8, 2007
8715 posts
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Way Out of GTA
In Ontario there are clear landlord responsibilities as outlined in the following link. The problem for landlords in this tenant friendly Ontario is trying to get noisy, disruptive tenants out. Especially with the LTB in disarray due to lockdowns and some very anti-landlord actions that have occurred. Anyways here’s the steps. Good luck. Seems like the landlord also tried to accommodate you and you still have issues. Maybe you don’t understand what living in an 8 plex entails with regards to other tenants?

https://ontariolandlordandtenantlaw.blo ... crazy.html

Some of the comments allow further insight so read those.

I also don’t understand what your situation is given your post 6 months ago. One minute you are talking about 2 investment properties and now you are a tenant?
Steaky wrote: Need a mortgage. Considering all options. My income is good. Have two investment properties.

-What is the purchase price? 550k
-How much is the down payment? 20%
-Where it the property located? London, Ontario
-When is the closing date? March 31
-Will the property be owner-occupied or a rental? Owner occupied
"It is in times of great fear or greed that the most opportunity exists."
Deal Addict
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Jul 8, 2010
1381 posts
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Ontario
cartfan123 wrote: Maybe you don’t understand what living in an 8 plex entails with regards to other tenants?
LOL, what does this has to do with a mechanical noise caused by a faulty vent?!? In case you didn't read OP posting and you were more concern with his RE investments....

on topic, make an official complain about this problem and see what landlord will do. if not happy with outcome, make a follow-up and then go to LTB. you can't break the lease on your own, you need to have agreement with landlord.
Deal Guru
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Sep 14, 2003
10583 posts
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Mississauga
I think you'll have a hard time wiggling out of the unit legally. By the time the LTB is able to hear your case, it'll probably be months from now (with the backlog of COVID affected leases). Plus, it's a very difficult thing to sell to a rental board as a reason unless it's something that has started recently. Otherwise, nobody would be able to rent anything near a subway or train track.

It was present when you leased the property, and you consented to it by agreeing to lease. You'd be better to figure out how to mitigate the noise rather than getting out of the lease, IMO.
4chan melts your brain.
[OP]
Jr. Member
User avatar
Jul 18, 2007
138 posts
15 upvotes
London
FrancisBacon wrote:
Didn't you smell the smoke or hear the noise when you visited the unit before signing?
Actually no. They showed me one other vacant unit and said the one I'd be moving into was exactly the same. It is the same in terms of finishes and layout, except they failed to disclose the smoke. They offered to move me to another unit, but the furnace did not turn on until after I moved in. Neither issue was disclosed before the fact.
cartfan123 wrote: Maybe you don’t understand what living in an 8 plex entails with regards to other tenants?

I also don’t understand what your situation is given your post 6 months ago. One minute you are talking about 2 investment properties and now you are a tenant?
Maybe you don't understand the difference between a loud furnace and loud neighbours?

I actually rent two properties run four investment properties. You're right. You don't understand my situation ;)
Isostar wrote:
on topic, make an official complain about this problem and see what landlord will do. if not happy with outcome, make a follow-up and then go to LTB. you can't break the lease on your own, you need to have agreement with landlord.
Thank you.
danfromwaterloo wrote: I think you'll have a hard time wiggling out of the unit legally. By the time the LTB is able to hear your case, it'll probably be months from now (with the backlog of COVID affected leases). Plus, it's a very difficult thing to sell to a rental board as a reason unless it's something that has started recently. Otherwise, nobody would be able to rent anything near a subway or train track.

It was present when you leased the property, and you consented to it by agreeing to lease. You'd be better to figure out how to mitigate the noise rather than getting out of the lease, IMO.
This is exactly the situation. Happened after I moved in, without having been disclosed to me beforehand.
Deal Guru
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Mar 23, 2008
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Edmonton
Steaky wrote: Actually no. They showed me one other vacant unit and said the one I'd be moving into was exactly the same. It is the same in terms of finishes and layout, except they failed to disclose the smoke. They offered to move me to another unit, but the furnace did not turn on until after I moved in. Neither issue was disclosed before the fact.



Maybe you don't understand the difference between a loud furnace and loud neighbours?

I actually rent two properties run four investment properties. You're right. You don't understand my situation ;)



Thank you.



This is exactly the situation. Happened after I moved in, without having been disclosed to me beforehand.
Sounds like you've moved into a bit of a slum... :) Poorly cleaned units (i.e. smoke smell left in unit), heat not working, now whatever noise source you have to deal with... Isn't that 3 out of the 8 units they have available?

C
[OP]
Jr. Member
User avatar
Jul 18, 2007
138 posts
15 upvotes
London
CNeufeld wrote: Sounds like you've moved into a bit of a slum... :) Poorly cleaned units (i.e. smoke smell left in unit), heat not working, now whatever noise source you have to deal with... Isn't that 3 out of the 8 units they have available?
2 of 8, but yes! The units are otherwise decent if you would believe it. Serves me right for going for the cheaper option.

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