For people who live in an apartment, noisy neighbours are something you are likely to deal with at some point — a loud TV, door slamming, or a guitarist practicing their art. The impact can range from a minor annoyance to significant disturbance and even sleep deprivation. GK3 Group has a long history of renting apartments and houses in the Prescott and Brockville area, and we’ve dealt with a few noise complaints over the years. Here’s our best advice.
What Are My Legal Rights as a Tenant?
In Ontario, the law that governs landlord and tenant relationships is the Residential Tenancies Act (RTA). The RTA has provisions dealing with situations where one tenant (or the landlord) behaves in a way that interferes with another tenant’s reasonable enjoyment of the building. Subsection 64(1) of the RTA states that a landlord may give a tenant notice of termination if their conduct substantially interferes with the reasonable enjoyment of the residential complex for other tenants.
Talk to Your Neighbour
If you have a good relationship with your neighbour, we think it’s always best to try to resolve the problem without involving the landlord first. For example, if you’re a shift worker and the person plays music during the day while you’re sleeping, they may simply not know your schedule, and may be very willing to cooperate.
Advise Your Landlord
If you’re not comfortable approaching your neighbour, the next step is to inform your landlord. It is very important that you provide concrete examples, with dates and times, and exactly how the neighbour’s behaviour is impacting your reasonable use and enjoyment of your unit. “My neighbour’s kids are loud” is very hard to act on. “My neighbour’s son watches TV at a very high volume, at least three nights a week, between 1am and 3am — the last time was last night, and I have a recording” gives us something we can actually act on.
Another useful step is to call your landlord while the disturbance is happening so they can witness it themselves. It might take a few days to align, but it’s worthwhile — it makes for a much more compelling argument when dealing with the other tenant or a judge.
Be Realistic
It’s important to be realistic about what you expect from the landlord, and the speed at which you expect the issue to be dealt with. In some cases, where the interference is substantial, you may also contact municipal by-laws or the police — those laws apply equally to renters and homeowners.
Choose Your Apartment Wisely
As the old saying goes, “an ounce of prevention is worth a pound of cure.” You can avoid noisy neighbours in the first place by choosing your apartment wisely — search the company online, check reviews, and ask existing tenants about the quality of residents in the building. Best of luck to those searching for an apartment, and may you all sleep well at night!