By: Jayson Schwarz LLM and Ernest Woo
A noisy Tenant can be a pain in your otherwise perfect rental lifestyle. There could be excessive noise from music, vacuuming or through the ceiling because the Tenant above removed the carpet. This could adversely affect your sleep, your job performance and your health and emotional well-being. For a Landlord, a noisy Tenant could drive away quality Tenants and give the building a bad reputation, impacting future rentals and income. Do not despair there are ways this issue can be resolved.
Generally, Tenants are allowed to make reasonable noise during reasonable hours of the day. Check your local “quiet hours”, by calling City Hall or checking online. There are usually city ordinances or by-laws, that prohibit excessive, unnecessary and unreasonable levels of noise. For example, in Calgary hours between 10pm and 7am Monday to Saturday are considered quiet hours. If your neighbours or Tenants are making noises outside these by-laws, police can be called.
For noise outside of these quiet hours you can make an application to your local Landlord and Tenant Board. In order to do so, the noise must be deemed unreasonable. What does this mean? Generally, take into consideration the level of noise, the frequency and whether steps can be taken to reduce the noise. Another factor will be demonstrating how the excessive noise impacts you and the effect this has. For example, in a case called The Owners, Strata Plan LMS 4555 v. Chan (L040727 BCSC), that is a condominium case, but applicable, loud piano playing was considered an excessive and unreasonable noise; however, once sleepers were installed into the piano to minimize the noise, the Court decided that it was a reasonable noise level even though the noise had not been completely eliminated. Another example could be loud footsteps from your neighbours above you due to wood flooring. In a situation like this, the noise could be brought down to a reasonable level by the purchase of a rug by the noisy tenant. Quite often there are rules for the building ensuring wood floors are covered. Check this before you rent.
Remember, you have to prove that this is happening, if you want to take up the issue with the Board. You should make a log of the time and dates of the noise and make it as detailed as possible. You can record the noise and have witnesses available to substantiate the situation at the Board if necessary. You could also report excessive noise to your Landlord and find out if other Tenants are also impacted in order to bolster your case. In all probability, if the noise is too loud for you, other people in your building may be experiencing the same problems
You may be tempted to bring an application right away, after establishing that the noise is unreasonable, but the first step should be to talk to your noisy neighbour or if the Landlord to the Tenant first. This is often the simplest way and sometimes it is all that is required. Your neighbour or Tenant may not even realize the amount of noise they are making. The remedy, if the noise persists even after several requests and make them in writing after the first, should be an application to your local Landlord and Tenant Board or if none available go and see a lawyer to determine the best way to proceed. Often a small investment in getting legal advice at the beginning yields a great reward.
Only a Landlord can take noisy neighbours to the Landlord and Tenant Board. Tenants need to bring an application against the Landlord if the Landlord does not take steps to stop the offending Tenant. It is always in the Landlord’s best interest to ensure buildings operate properly and to control obstreperous, unruly and inconsiderate Tenants. Landlords and Tenants working together to maintain healthy and happy living environments lead to long and fruitful relationships for both parties.
Perhaps the most difficult part of writing these articles relates not the actual writing, but thinking of a topic to address. So help me!!! Mail, deliver or fax letters to the magazine or to us, use the web site (www.schwarzlaw.ca), email (info@schwarzlaw.ca) and give us your questions, concerns, critiques and quandaries. I will try to deal with them in print or electronic form.
I would like to thank our student at law, Ernest Woo for his contribution to this article.
Disclaimer: The articles provided herein are for general information purposes only and not intended as or to be relied upon for legal advice. Consult with a lawyer for your unique situation.