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"Protection of tenant's right to quiet enjoyment"

 
Old 03-07-2010 at 03:41 AM   #1
taylojl
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"Protection of tenant's right to quiet enjoyment"
I was about to make a noise complaint this morning...but according to the Hamilton City Services website, I can't make a complaint (from my understanding...) because it is between tenancies. It says to contact my landlord or Tenancy Tribunal, as it is covered under the Residential Tenancy Act. Does anyone have any experience dealing with excessive noise? Can anything be done?

I'm so frustrated. Don't know what to do. My housemate and I don't sleep because of it...I've developed a twitch. It's bad. Need help.

Thankyou to anyone who can give me advice.
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Old 03-07-2010 at 07:29 AM   #2
ViktorVaughn
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I had a similar experience a couple of years ago with the woman who lived underneath me. She had music and TV blasting through 3am on a daily basis. She locked her kid in the bathroom and he would cry for hours. Her boyfriend came over and they got into physical fights. When I called the police, as soon as I gave them the address, they told me about half of the people in and in the surrounding buildings had already called about her.

Anyway, point is, even that kind of stuff wasn't enough to get her evicted.. and man did many people try. Renters in ontario have so many rights, there's prety much f-all that you can do unfortunately.

However, one must try. I would start here: http://www.ltb.gov.on.ca/en/index.html
Old 03-07-2010 at 12:40 PM   #3
Joey
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Try http://macoffcampus.mcmaster .ca/ They should be able to help you out and tell you what your rights and such are.
Old 03-07-2010 at 02:20 PM   #4
reeves
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Quote:
Originally Posted by taylojl View Post
I was about to make a noise complaint this morning...but according to the Hamilton City Services website, I can't make a complaint (from my understanding...) because it is between tenancies. It says to contact my landlord or Tenancy Tribunal, as it is covered under the Residential Tenancy Act. Does anyone have any experience dealing with excessive noise? Can anything be done?

I'm so frustrated. Don't know what to do. My housemate and I don't sleep because of it...I've developed a twitch. It's bad. Need help.

Thankyou to anyone who can give me advice.
First off, what was making the noise? If it's a tenant, you complain to your landlord, or call the cops if it's really bad. The most that will happen is they will get a ticket. Realistically, they'll get a letter from the landlord, or a "stern talking-to" from the cops. Being between tenancies, it's either A) trespassers (alert the landlord/property manager and call the cops), or B) your landlord. If it's your landlord, talk to them first, then contact the Tribunal if nothing changes. I've never dealt with a Tribunal before, but from what I hear from people that have, the Tribunal is on the renters side. Don't fear pissing off your landlord by going "over their head" to the Tribunal either. It's virtually impossible to get evicted in Ontario as long as you pay your rent on time and in full.

The city can only do anything if the noise is caused by some kind of city service (ie. construction), and even then, they'll prolly brush it off, and you'll be lucky to get an apology. That's been my experience as a renter in Toronto and Peterborough. I'm sure Hamilton isn't very different.
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Old 03-07-2010 at 03:14 PM   #5
taylojl
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We contacted our landlord this morning. He has warned them, and said if the noise doesn't stop he will be taking legal actions on our behalf. It is in their lease that they do not infringe on the right to peace and quiet of other tenants. So I guess since they signed it and are not complying with the lease....I duno. All I know is my landlord is definately going to do something. I'm so happy right now...it's a bit pathetic.

Oh and the noise. Loud music beats, videogames and movies from 3am till 6am. Oh and yelling.

I've got alot of 8:30am classes...and yea...this noise isn't really working out for me.
Old 03-07-2010
lawleypop
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Old 03-07-2010 at 03:50 PM   #6
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I'd rather have everything you mentioned than sex.

Trade?
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Old 03-07-2010 at 10:15 PM   #7
Cassanova
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Quote:
Originally Posted by taylojl View Post
We contacted our landlord this morning. He has warned them, and said if the noise doesn't stop he will be taking legal actions on our behalf. It is in their lease that they do not infringe on the right to peace and quiet of other tenants. So I guess since they signed it and are not complying with the lease....I duno. All I know is my landlord is definately going to do something. I'm so happy right now...it's a bit pathetic.

Oh and the noise. Loud music beats, videogames and movies from 3am till 6am. Oh and yelling.

I've got alot of 8:30am classes...and yea...this noise isn't really working out for me.
are these the guys on sterling st?
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Old 03-09-2010 at 08:20 PM   #8
Cassanova
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bump... so are they?
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Old 03-09-2010 at 09:22 PM   #9
taylojl
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lol oh Sorry! No they aren't. I wish they did so I wouldn't have to deal with them.

So it seems we've scared the crap out of these guys. They're silent as the dead now. It's awesome.



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