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How does noise issues work between a landlord and a tenant?

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  • Oct 11th, 2020 1:34 am
[OP]
Deal Guru
Aug 14, 2007
10723 posts
1868 upvotes
Toronto

How does noise issues work between a landlord and a tenant?

This is an incredibly tired and exhausted rant...

Some of you may remember my post a month or two ago about my trash landlord leeching my internet which I later found he let his friends on.

He begged and begged for me to let him back on so he could work from home (he lives on the top floor) to which I just didn't respond at all about it and he ended up getting his own.

Anyways. I've been looking up the bylaws for noise and it all basically says noise can not be heard from in another home from the premises to which it comes from. So I think I'm out of luck on this entire issue and everything seems to say the tenant has to allow the landlord and other tenants basically everything such as not making excessive noise but it doesn't seem to imply that to be the other way around...

Throughout this entire pandemic, I've had to work 48-60 hour weeks/6 day weeks. I'm tired, exhausted and drained mentally and physically. This is the 3rd 60 hour week in a row and it's likely going to last the rest of the year.

This idiot parties with his friends and they are LOUD. Right now it's 2:30am, all I can hear is about 8 people talking loud, laughing, falling around drunk, playing indoor golf (quite possibly the most annoying thing to hear on crappy laminate floor above you), etc etc.

Many many times over the last 2 months I've asked nicely to watch the noise past 1am.. Which I would say is generous... He's apologized but obviously doesn't care. The last time I asked nicely "hey man i have to be up at 6am tomorrow, do you mind keeping the noise down a bit?" his response was "the raptors game is on so we're going till 2AM"

Myself? I have an audiophile setup that could make your ears bleed. But I'm VERY respectful of everyone, especially noise. He's never once heard me down here and has said so. So Yea the same in return can't be done above me, that's a given, and I'm pretty relaxed when it comes to noise but this is beyond ridiculous (not nearly as bad as my previous landlord that had a 24/7 screaming and crying child though)

Is there actually anything I can do or a specific branch of the landlord tenant board I can inquire about this or no? Is calling bylaw for noise after 11pm a worthwhile option? At this point I don't even care now. The partying is literally every single night.

If there's literally nothing I can do I'm turning my stereo to an ungodly level every night an hour after he's gone to sleep just to see how he likes it and since he can't enter the unit I'll never hear the door being knocked on anyways.

So tired of this crap and hope the home buying hunt can come to a successful end by April when my lease is up.

For the hell of it if nothing gets better I'm just going to stop paying rent once we find another place and have a moving date set (gf and I are ready to just up and leave this place).

I'm waiting to get my mail in the winter to trip on the front steps that are all broken so I end up with a broken bone and a lawsuit to file. (I have texts of the request to fix this and his reply stating no contractors want to do it as it's not a big enough job). Gf has already twisted her ankle once when one step completely gave out. She was find and it's happened to me once but I had no injuries after the fact. Either way it's an accident and a lawsuit waiting to happen and I have warned him about that. I have a picture, date stamped every single day from the day I sent that text in case I ever have to show this as proof it was never fixed or ever fixed properly.

in my lease it states I'm responsible for lawn care and snow removal. Upon reading the rules it appears that this is not enforceable even if I agreed and that it is the landlords responsibility. So I will not be doing any of this any longer. I'll brush off my car and go.

If he doesn't do it come winter what are my options? I'm not the most knowledgeable on this would appreciate some advice from those that are.
. I was talking to the neighbours who I'm cool with and they used to like him but now they can't stand him. I told the guy I'm no longer maintaining the property and after about 2.5 months he called the city to which the landlord quickly cut the grass... We had a good laugh at that.

Maybe I'm being petty. But to put into perspective with the partying, garbage day was yesterday and I can't even use the recycling bins already as they're over flowing with food containers and beer bottles. Wtf.
24 replies
Member
Feb 26, 2019
304 posts
271 upvotes
Ottawa
This guy won’t change. Any of your retaliations you have planned probably will make things worse not better. Tactics to control this guy will completely preoccupy you and your thoughts. It will really wear down your mental health.

Life is short.

You should start looking for a new apartment. That’s the best way to screw him over... get rid of his respectful tenant. Landlords hate that.
[OP]
Deal Guru
Aug 14, 2007
10723 posts
1868 upvotes
Toronto
dottawat wrote: This guy won’t change. Any of your retaliations you have planned probably will make things worse not better. Tactics to control this guy will completely preoccupy you and your thoughts. It will really wear down your mental health.

Life is short.

You should start looking for a new apartment. That’s the best way to screw him over... get rid of his respectful tenant. Landlords hate that.
Were actually looking to buy a home instead of continuing to rent.


If I have to go through this crap again in another rental I'm going to lose my mind...

peace of mind and all that aside I cant just up and move out of nowhere. We have a lease till April and I don't want the guy coming after me cause he can't rent the place

Can by law be called after 11pm about the person living above me and the noise though? I'm literally going to nitpick everything wrong with the place and get him to fix everything...

One thing I'm not going to do is shut off the outside water come winter. Let the pipe burst for all I care.
Deal Fanatic
Nov 21, 2013
5326 posts
3602 upvotes
I would record all that noise, and, when future potential tenants come over to visit the place, I'd discreetly show them the videos... You could also complain to police or whatever entity that makes the noise rules enforced to have all this in an official file somewhere
[OP]
Deal Guru
Aug 14, 2007
10723 posts
1868 upvotes
Toronto
DoorCrasher wrote: I would record all that noise, and, when future potential tenants come over to visit the place, I'd discreetly show them the videos... You could also complain to police or whatever entity that makes the noise rules enforced to have all this in an official file somewhere
I've recorded the noise from my entrance and my living room area 3x showing the time of day (usually 2-4am) and have about 7 different texts I've sent asking nicely to cut the noise around 1-2am... Which he generally did at those times.

I just don't get how anyone can be so disrespectful when we've had the conversation face to face about noise about 3 times now.

My neighbour is a landlord and basically said the LTB is useless. He told me to have the conversation and document everything afterwards like the time I talked to him, the outcome, etc and that if it keeps happening just stop paying and get a new place. Or if it's after 11pm and it is really bothering me then just call the cops.

I would do that I just don't want to face any kind of eviction problems.
Deal Addict
Apr 26, 2003
1156 posts
413 upvotes
Sympathy to the OP about the noise. That sucks big time.
s
I thought that it's very hard to evict a tenant nowadays as the emphasis tends to go towards the tenant and not the landlord. If the landlord is being a PITA, you can and should complain as they're not providing a good place for you to rent. The opposite is true that if you were the loud one and the landlord is complaining, they'd be nit picky as well.
Deal Guru
User avatar
Mar 23, 2008
11511 posts
7798 upvotes
Edmonton
So what do you want to do, OP? If you could get out of your lease next month, for example, would you take that option? Because you can file for a hearing with the LTB, and ask to be let out of your lease on a couple of grounds. You have the right to reasonable enjoyment of the rental unit, and if you document all the dates/times of the noises, it will help your case. You can also note the lack of maintenance on the stairs and the injury sustained. The fact that he couldn't find a contractor to fix the issue isn't your problem.

Whether that's enough to have the LTB let you out of the lease or not is questionable. But even being served the papers might be enough to get your landlord to sign a mutual release from the lease agreement. Heck, for that matter, you could just start cranking up your stereo at 8:01am the morning after his gatherings. What's he going to do, evict you? Isn't that what you want anyway? RIght now, he's happy with the relationship because he's got live-in staff who PAY him to live there... I would have expected to pay my live-in gardener a salary, personally... :)

I would NOT simply stop paying rent, unless again, you're simply looking to be evicted. But I wouldn't want the hassles of LTB hearings on his whims, or a small claims court case after the fact. I'd rather be the one driving.

So basically, you need to tell us what you want out of this. What's your "best case" scenario, besides him stopping his behaviour, which you can't control. One you tell us what you want to do, people can try to give you advice on how to accomplish it.

C
Sr. Member
User avatar
Jun 30, 2009
647 posts
112 upvotes
Vancouver
Bad luck with the lease. Even if you are saving up to buy a place, I'd suggest moving out and finding a new place just to get away from the headache. And I don't think moving will set your timeline back that much unless the new place is much more expensive.

In all honesty, a lot of the rules about tenancy are in favour of the tenant. And I believe you can find the rules on breaking the lease without owing rent. One of them is to get the landlord to agree to it. Another is to assign/sublet the place to someone else - bit of a dick move since the landlord becomes someone else's problem. Otherwise, you can apply to the Landlord and Tenant Board to end the lease early.

But if you don't want to do that, just call the cops. If he's having a parties with a lot of people, isn't that breaking any social distancing rules you have in Toronto?
Deal Addict
Nov 30, 2003
2602 posts
917 upvotes
Nunavut
XtremeModder wrote: For the hell of it if nothing gets better I'm just going to stop paying rent once we find another place and have a moving date set (gf and I are ready to just up and leave this place).
XtremeModder wrote: peace of mind and all that aside I cant just up and move out of nowhere. We have a lease till April and I don't want the guy coming after me cause he can't rent the place
You have less chance of him coming after you for breaking the lease vs not paying rent

If he is motivated enough and has enough personal info, he could go as far as small claims and either try garnish your wages or send to collection agency

Personally I would just make my own plans and time lines based on what works for you regardless of lease and give him 60 days notice when you are ready
Member
Feb 26, 2019
304 posts
271 upvotes
Ottawa
XtremeModder wrote: peace of mind and all that aside I cant just up and move out of nowhere. We have a lease till April and I don't want the guy coming after me cause he can't rent the place
There are legal ways out of leases.

https://stepstojustice.ca/steps/housing ... new-tenant

Tell your landlord you are moving and ask for his permission to assign the lease. Odds are he will say no or simply not answer. Just ask the question very simply with no context - short two sentences. Ask him for permission to assign the lease and tell him you will be posting it asap.

Email is better than text because he is more likely to not respond. Written letter is even better.

If he says no (or doesn't answer within 7 days) then you can break lease within 30 days notice. Easy.
[OP]
Deal Guru
Aug 14, 2007
10723 posts
1868 upvotes
Toronto
CNeufeld wrote: So what do you want to do, OP? If you could get out of your lease next month, for example, would you take that option? Because you can file for a hearing with the LTB, and ask to be let out of your lease on a couple of grounds. You have the right to reasonable enjoyment of the rental unit, and if you document all the dates/times of the noises, it will help your case. You can also note the lack of maintenance on the stairs and the injury sustained. The fact that he couldn't find a contractor to fix the issue isn't your problem.

Whether that's enough to have the LTB let you out of the lease or not is questionable. But even being served the papers might be enough to get your landlord to sign a mutual release from the lease agreement. Heck, for that matter, you could just start cranking up your stereo at 8:01am the morning after his gatherings. What's he going to do, evict you? Isn't that what you want anyway? RIght now, he's happy with the relationship because he's got live-in staff who PAY him to live there... I would have expected to pay my live-in gardener a salary, personally... :)

I would NOT simply stop paying rent, unless again, you're simply looking to be evicted. But I wouldn't want the hassles of LTB hearings on his whims, or a small claims court case after the fact. I'd rather be the one driving.

So basically, you need to tell us what you want out of this. What's your "best case" scenario, besides him stopping his behaviour, which you can't control. One you tell us what you want to do, people can try to give you advice on how to accomplish it.

C
We plan to purchase a home around April so I don't want to move now just to move again.

In writing tonight I'm going to put a letter in his mail box (which he never checks) stating that for every time I have to shovel the entire driveway, rake and remove leaves, cut the grass, etc it will be $100/hr just because.

In the end I'm putting everything in writing addressed to him in his mail box, if he doesn't read it that's his problem, for that and the noise issues. I'll try to talk to him in person about the noise. Anything after that will continue to be documented and police will be called.

As for the other person referring to social distancing, he's not going over the limit of people.

Another option I was told after calling the LTB was to file a T2, which would result in a court date and if im correct on this and move to another apt, similar price or higher and they rule in my favour he would have to pay me just the increase that I'd be paying for 12 months.

To me this would be the best karma but like I said I don't really want to rent and we're currently watching home listings around us to buy.
Deal Guru
User avatar
Mar 23, 2008
11511 posts
7798 upvotes
Edmonton
XtremeModder wrote: We plan to purchase a home around April so I don't want to move now just to move again.

In writing tonight I'm going to put a letter in his mail box (which he never checks) stating that for every time I have to shovel the entire driveway, rake and remove leaves, cut the grass, etc it will be $100/hr just because.

In the end I'm putting everything in writing addressed to him in his mail box, if he doesn't read it that's his problem, for that and the noise issues. I'll try to talk to him in person about the noise. Anything after that will continue to be documented and police will be called.

As for the other person referring to social distancing, he's not going over the limit of people.

Another option I was told after calling the LTB was to file a T2, which would result in a court date and if im correct on this and move to another apt, similar price or higher and they rule in my favour he would have to pay me just the increase that I'd be paying for 12 months.

To me this would be the best karma but like I said I don't really want to rent and we're currently watching home listings around us to buy.
Ok, I was just wondering because in your initial post, you said the April date was because that was when your lease was up. If there's other reasons for that, that's fine too, obviously. Just changes what advice you get.

As far as your "statement" to him about charging him for the maintenance, I wouldn't bother. Just stop doing it. If he asks, tell him that as per the LTB guidelines, maintenance is the landlord's role, and you will no longer being doing that.

As far as filing a T2, I think the most you'd be likely to get is a lease termination. I doubt you'd get any compensation for increased rent costs. And it would be up to you to sign a month-to-month lease agreement instead of a fixed term (annual). There's lots of landlords who would be ok with a month to month term, and another option is taking over someone else's lease.

C
[OP]
Deal Guru
Aug 14, 2007
10723 posts
1868 upvotes
Toronto
XtremeModder wrote: We plan to purchase a home around April so I don't want to move now just to move again.

In writing tonight I'm going to put a letter in his mail box (which he never checks) stating that for every time I have to shovel the entire driveway, rake and remove leaves, cut the grass, etc it will be $100/hr just because.

In the end I'm putting everything in writing addressed to him in his mail box, if he doesn't read it that's his problem, for that and the noise issues. I'll try to talk to him in person about the noise. Anything after that will continue to be documented and police will be called.

As for the other person referring to social distancing, he's not going over the limit of people.

Another option I was told after calling the LTB was to file a T2, which would result in a court date and if im correct on this and move to another apt, similar price or higher and they rule in my favour he would have to pay me just the increase that I'd be paying for 12 months.

To me this would be the best karma but like I said I don't really want to rent and we're currently watching home listings around us to buy.
He originally wanted month to month after the first year. I asked if we could do a full year so I know I'm good for 12 months. Long story short my life completely changed out of nowhere and I moved I think 3x in 1.5 years. So I didn't want to go through that again.

I'll just call the cops each time it's out of hand from now on. No point in filing a T2
Deal Expert
Aug 2, 2004
32927 posts
6526 upvotes
East Gwillimbury
XtremeModder wrote: We plan to purchase a home around April so I don't want to move now just to move again.
If you lease is up in April and you plan on purchasing a house, I would start looking right now. It can take months to find the right house and then you may need up to 60 days to close.

You are 6 months from the end of your lease. The last thing you want to do is scramble to find a house.

Find a good agent, go to the bank and see what you and your girlfriend will qualify for. Take your time and find the ideal property. Don't jump on the first few properties you find.

Set the closing date to April. But start looking now. Most agents want you to sign an agreement of representation for 6 months. This is perfect timing. As the colder weather approaches, prices will start to decline.
[OP]
Deal Guru
Aug 14, 2007
10723 posts
1868 upvotes
Toronto
Gee wrote: If you lease is up in April and you plan on purchasing a house, I would start looking right now. It can take months to find the right house and then you may need up to 60 days to close.

You are 6 months from the end of your lease. The last thing you want to do is scramble to find a house.

Find a good agent, go to the bank and see what you and your girlfriend will qualify for. Take your time and find the ideal property. Don't jump on the first few properties you find.

Set the closing date to April. But start looking now. Most agents want you to sign an agreement of representation for 6 months. This is perfect timing. As the colder weather approaches, prices will start to decline.
Thanks, we've seen 4 houses so far using the same woman, we've done a rough estimate at the bank and will soon be going for the pre approval. The first 2 we saw we didn't like, 3rd was a complete joke and needed minimum $100,000 in renos, 4th was basically smaller than my basement apt but were looking.

Spoke to a neighbour I've never spoken to before and she asked if it was me having the parties all the time, after a quick explanation she basically said she's tired of his shit too and will lilely be calling bylaw soon.

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