You may then wish to contact the complaining tenant (Terry Tenant) and advise that you have looked into the matter and that you are satisfied that it will not happen again. It's not absolute and is a guideline only. If the landlord fails to stop noisy tenants, the next step is to contact the authorities. However, if after 7 days but before the expiration of 6 months the tenant does something again then you can serve a 2nd N5 Notice of Termination and then apply to the LTB using the Form L2. If you have selected and screened your tenants well you could reasonably avoid the LTB and the legal niceties of eviction. You need to resolve it, helping a renter improve their behavior to prevent any future disputes. If the "processor" is not included in the tenancy then they better get it out of the unit. In trying to evict a tenant, a landlord will try to prove that the tenant violated a tenant responsibility. Answers and conclusions drawn may have been different if facts had been shared that have not been disclosed in the comment/question. Nothing in this blog, comments submitted or answers provided, gives rise to a solicitor and client relationship. Notably, no where in my lease, or in any emails, does it say that it is my responsibility to inform them of items left behind that are missed during the inspection that requires removal, nor a time period that such requests need to happen by. The pounding bass made everything in my unit vibrate and I couldn't sleep. TO SERVE THE N5 NOTICE OF TERMINATION or not? At the hearing you will be first offered mediation (typically) and if that does not result in a settlement the case will proceed to hearing. Once your case is concluded the tenant is permitted to lead evidence and defend against the allegations. Mid-term exams were finished so we blew off some steam. Specialist advice should be sought about your specific circumstances. Do you have a report number? Let's say that the complaint comes in via email and that it is detailed in one sense and vague in another--perhaps it reads like this: Hi Larry Landlord:  I just wanted to send you an email to let you know about a huge party last night in the building the cops had to come. The legal question is whether the complained about activity amounts to a "substantial interference with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege, or interest of the landlord or another tenant." She became distraught and told me the rug was priceless; she has a receipt to prove she bought it in 2001 for $5000. An adjudicator is required to consider relieving against eviction when it is reasonable to do so. Turns out that they thought the complaining tenant was away as another tenant said that Terry Tenant was away on business. However, there are legal rights a landlord does have when dealing with noisy tenants. It's not what your co-tenants think or what they've cooked up amongst themselves as reasonable behaviour. If the "fit up" shouts "regular" why would you be expected to take particular care with a rug. Thank you for the quick and direct response. My personal view is that every landlord has an obligation to know the structure of the RTA and the high-level structure of the law. They risk the "processor" being found a term of the lease if they don't choose to remove it.How to solve this problem? If you are satisfied that serving an N5 is unnecessary then make note of your conclusions and reasons and end the matter there. If you served the N5 on the tenant and the "substantial interference with reasonable enjoyment" continues within 7 days of serving the first N5 then you may apply to the Landlord and Tenant Board using Form L2. Thanks! UNPAID RENT--a guide for new residential landlords. Comments are published as submitted and commenters should be aware that if they identify themselves in a comment that their identity will become public upon the comment being published. They say they are under no obligation to fix it, which is fine, however, they also say that since it has been several months since I moved in, I have 'inherited' the item and that it is now my responsibility to fix or remove, and that I should have figured it out sooner since on my lease it says that laundry is not provided.I want to argue that based on Section 41 of the Residential Tenant agreement, all items left by former tenants should have been removed prior to my moving in. The answers are not legal advice and no one should rely on the answers provided as legal advice. That makes no sense. I replaced the rug with a less expensive one and said it was all right if she kept my $1000 damage deposit as she was so upset. Please share with me any concerns that you have. The tenant must not violate the law or disturb the peace, nor allow guests to do so. Tenants have individual rights and individual obligations. For this tenant, serving a voidable 1st N5 Notice of Termination makes sense. Sections 22-23 of O.Reg. The "seems foolish" part I don't think is actually "foolish". Why are you writing to me about this party? I do not think that such an expectation is reasonable. Also, its more of the principal of it all. Other issues a landlord may have with a tenant include complaints of excessive noise or cigarette smoke coming from your unit. If I was researching I think there might be something fruitful in the law of "bailment" so I would research around that and see what the cases say. The music was admittedly loud. Certainly, you removed the rug intentionally--hence that would be wilful. I'd have to do some research on what "law" should apply). Note: Documents you submit to the board are available to the public on request, subject to limited exceptions. Withholding rent without any kind of court approval or order is not advisable and you could get evicted as a result. No matter what the situation is with your landlord, it is important that you understand all of your rights as a tenant. Even if a landlord is trying to bully or harass you into eviction, they cannot do so without following the proper legal process and without a valid reason to do so. Hi Michael,This is for a slightly unrelated landlord/tenant issue, but I wasn't sure if you would see my comment if I wrote it on an older post. The house and its contents were severely damaged, furniture was moved, damaged, and the house rendered filthy (a drug distribution operation and brothel were run from my home). GUESTS, GIRLFRIENDS, BOYFRIENDS, and other VISITORS: WHAT CAN THE LANDLORD DO? Landlord's can suffer serious losses if they have a tenant disturbing other tenants and whose behaviour isn't controlled. That being said, it is an argument and not necessarily a conclusive victory.The balance of the landlord's position is pure nonsense. This would be especially the case if this is a Co-op as the RTA is of limited application to Co-ops. I submitted a work order to fix it, and was then informed by my landlord that the machine was not provided by them, that it was most likely left behind by a previous tenant and missed by their technicians during my move in inspection. You will hopefully realize that when you receive complaints about tenants making noise from other tenants that you have a duty to respond to that complaint. Comments that have been published may be deleted upon request to the author.The content of this article and any responses to comments are intended to provide a general guide to the subject matter. Unless you are a very unlucky landlord and have very troublesome tenants you should hope to have very little interaction with the LTB and hope to not really need Notices of Termination. Nonetheless, the others went crying to the landlord and now he's threatening to evict on the principle of "majority rules".So how does THAT work? It isn't a fight and I don't suggest that you approach it in that way. When I tried to retrieve it, the rug was gone. A landlord is also not able to force a tenant to waive this right, as it interferes with a tenant’s basic rights. Did you speak with police? There are two areas in the Form that are most susceptible to fatal error. For the most part I am very, very quiet...but just walking around or climbing the stairs to use the washroom generates complaints about noise.Last night I was at the casino for SuperBowl and arrived home at 2am, I entered very quietly, closed the door gently, and made very little in the way of noise. 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