PRIVACY: HOW MUCH CAN YOU TELL THE COMPLAINING TENANT
about the steps taken against the other tenant
The Ontario Residential Tenancies Act requires the landlord to deal with complaints about tenants made by their other tenants. The landlord, like it or not, is the cop/teacher/parent that manages the relationships in the rental complex so that all tenants have quiet enjoyment of their rental unit. If a landlord refuses to fulfill his duty and deal with complaints then the complaining tenant will ultimately be in a position to bring an application against the landlord for failing to do his job. That application, which will likely be brought in Form T2 before the Landlord and Tenant Board will likely seek a substantial abatement, an Order that the landlord do his job and probably a fine payable to the Ministry of Housing.
The landlord's job is not an easy one and in the course of following up on complaints the landlord might come across some concerning issues. This article deals with the question of whether a landlord can tell a complaining tenant the intimate details of what the landlord discovers in dealing with a noise making (or otherwise trouble causing) tenant.
Imagine this example. In a two unit building one tenant complains to the landlord that the other tenant is making noise well into the evening and that it is disturbing them. The landlord receives the complaint and approaches the other tenant with the fact that a complaint was received. The noise making tenant responds that he has a medical condition and the sound is a machine he uses for breathing (sleep apnea). The landlord thanks the tenant for revealing this information and asks the tenant to take some steps to reduce the sound and the tenant agrees. The landlord tells the complaining tenant “the issue is dealt with”, but provides no further details to the complaining tenant. The landlord doesn't give details because the noise making tenant is embarrassed by the need for the machine because his sleep apnea is likely caused by weight gain and the tenant asked the landlord to treat the information as confidential.
A few more weeks go by and the complaining tenant calls the landlord again and says that the noise in the evening continues. Oddly, only at night when they are heading to bed. The landlord says he will speak to the tenant again. The landlord goes to the tenant and the tenant reveals that he took steps to reduce the sound and it is clear to the landlord that this has in fact been done. The tenant then demonstrates the machine and the level of sound is minimal. What is apparent to the landlord is that the upstairs tenant is now sensitive to this sound and at night, when the building is quiet, the sound may seem louder than it actually is.
The landlord explains to the tenant (whose machine is making the noise) that the other tenant can still hear the sound. The tenant apologizes and says he will try something else.
In another month’s time, the situation repeats and the complaining tenant complains again. The landlord returns to the tenant making the noise. Again, he had taken steps to reduce the noise and again the landlord says that the other tenant is still complaining. This time, the tenant moves his bedroom to another spot in the rental unit and there are no more complaints.
From the first complaint to the resolution of the complaint it takes 5 months. During that entire time the landlord responded diligently to the complaining tenant’s complaints and approached the other tenant. However, due to his belief that the tenant who is being complained against has a privacy interest in the information that the tenant gives the landlord the landlord does not tell the complaining tenant the details about the situation with the neighbour.
Should the complaining tenant be entitled to know that his neighbour (who is making noise), has a medical condition and that he uses a machine to assist with his breathing at night? Is this personal information confidential? What if the complaining neighbour also has a strong dislike for the other tenant and the landlord suspects that the complaint is at least partially motivated by the complaining tenant’s dislike of the other tenant. Does the fact of the tenants’ mutual dislike of each other make the privacy interests of each tenant even more serious? How upset would the noise making tenant be if the landlord simply went to the complaining tenant and told him about the noise making tenant’s medical condition, what is causing it, steps that the tenant will take to deal with the concerns, etc.. Is that okay?
In this example, the landlord protected and kept confidential the information provided by the noise making tenant. He simply thanked the complaining tenant and said the issue was being dealt with.
The complaining tenant felt ignored and came to believe that the landlord was ignoring the complaint and not respecting his rights to quiet enjoyment of his rental unit. When he asked the landlord what was being done the landlord simply said that "appropriate steps" were being taken and that the complaining tenant should let him know if there were any more problems. To the complaining tenant, this is just not good enough. For over 5 months, the complaining tenant felt ignored and particularly upset that this other tenant (who he did not like anyway) was disturbing him in this way.
To deal with the issue, the complaining tenant files an application against the landlord seeking a rent abatement for 5 months on the basis that the landlord did nothing to deal with his complaints. The rent abatement claimed is 30% of the rent for that entire period until the issue was finally resolved. The tenant alleges that the landlord simply did nothing during that time to deal with his complaints and that he doesn’t believe that the landlord even spoke with the noise making tenant.
THE APPLICATION
It is not uncommon for tenants to make applications against landlords for the behaviour of other tenants. This occurs because there is no direct right to make a claim against another tenant (by a tenant) at the Landlord and Tenant Board. The Landlord and Tenant Board only adjudicates claims between landlord and tenant.
To defend an application by a tenant making these allegations a landlord necessarily has to advise the Board of the steps he took to deal with the noise making tenant. The noise making tenant is not likely to be a party to the application and is quite unlikely to be present at the hearing against the landlord (though the landlord could summons the noise making tenant as a witness). Is there any problem with the landlord disclosing the information he has collected about the noise making tenant to the Landlord and Tenant Board? What if the information that the landlord collected included a report from the noise making tenant’s doctor–which report contains information like the noise making tenant's date of birth, details of his medical condition, details of his medication and dosages, referrals to other doctors, a diagnosis and prognosis. Is the complaining tenant entitled to a copy of this report when the landlord wants to explain to the adjudicator what the results of his investigation were?
I put it to you that the landlord is between a rock and a hard place. It is very difficult to imagine that the noise making tenant would be at all pleased that his personal information is being shared with another tenant who he does not like and is being discussed in an open forum like the Landlord and Tenant Board. What then, does the law say about disclosing this information to other tenants and to the Landlord and Tenant Board? Unfortunately, the Residential Tenancies Act says absolutely nothing useful about this problem. The Landlord and Tenant Board Rules of Practice are also unhelpful. Perhaps the answer lies in other legislation–but it is clear that the specific circumstances of the landlord and tenant relationship is not considered from a privacy perspective anywhere in statute law.
The problem described in this article is a problem that I indeed have encountered and indeed have made an issue of. This week I received an interim Order from the LTB addressing the issue. I am very thankful to Member Moniz for tackling the question because it is a hard question and I don’t know that the “right” answer is immediately obvious. What does seem likely is that one side or the other is going to be unhappy depending on whether the information can be freely disclosed or not.
I want to share that interim Order with you in the pages below. The conclusion it appears is that in the legal proceedings instituted by the complaining tenant the private information of the noise making tenant can be disclosed without getting the consent of that noise making tenant.
There is nuance, of course, and I don’t think the decision stands for the proposition that all information can be disclosed freely without concern for the privacy of the noise making tenant. However, I do think the decision stands for the proposition that information gathered during the course of the landlord’s investigation from the noise making tenant can be disclosed in the legal proceedings involving the complaining tenant without the consent of the noise making tenant being required. The information needs to be disclosed in order for the landlord to defend himself from the complaining tenant's application and hence the confidentiality of the gathered information is waived.
Here is the decision–redacted in part–for you to consider.
about the steps taken against the other tenant
The Ontario Residential Tenancies Act requires the landlord to deal with complaints about tenants made by their other tenants. The landlord, like it or not, is the cop/teacher/parent that manages the relationships in the rental complex so that all tenants have quiet enjoyment of their rental unit. If a landlord refuses to fulfill his duty and deal with complaints then the complaining tenant will ultimately be in a position to bring an application against the landlord for failing to do his job. That application, which will likely be brought in Form T2 before the Landlord and Tenant Board will likely seek a substantial abatement, an Order that the landlord do his job and probably a fine payable to the Ministry of Housing.
The landlord's job is not an easy one and in the course of following up on complaints the landlord might come across some concerning issues. This article deals with the question of whether a landlord can tell a complaining tenant the intimate details of what the landlord discovers in dealing with a noise making (or otherwise trouble causing) tenant.
Imagine this example. In a two unit building one tenant complains to the landlord that the other tenant is making noise well into the evening and that it is disturbing them. The landlord receives the complaint and approaches the other tenant with the fact that a complaint was received. The noise making tenant responds that he has a medical condition and the sound is a machine he uses for breathing (sleep apnea). The landlord thanks the tenant for revealing this information and asks the tenant to take some steps to reduce the sound and the tenant agrees. The landlord tells the complaining tenant “the issue is dealt with”, but provides no further details to the complaining tenant. The landlord doesn't give details because the noise making tenant is embarrassed by the need for the machine because his sleep apnea is likely caused by weight gain and the tenant asked the landlord to treat the information as confidential.
A few more weeks go by and the complaining tenant calls the landlord again and says that the noise in the evening continues. Oddly, only at night when they are heading to bed. The landlord says he will speak to the tenant again. The landlord goes to the tenant and the tenant reveals that he took steps to reduce the sound and it is clear to the landlord that this has in fact been done. The tenant then demonstrates the machine and the level of sound is minimal. What is apparent to the landlord is that the upstairs tenant is now sensitive to this sound and at night, when the building is quiet, the sound may seem louder than it actually is.
The landlord explains to the tenant (whose machine is making the noise) that the other tenant can still hear the sound. The tenant apologizes and says he will try something else.
In another month’s time, the situation repeats and the complaining tenant complains again. The landlord returns to the tenant making the noise. Again, he had taken steps to reduce the noise and again the landlord says that the other tenant is still complaining. This time, the tenant moves his bedroom to another spot in the rental unit and there are no more complaints.
From the first complaint to the resolution of the complaint it takes 5 months. During that entire time the landlord responded diligently to the complaining tenant’s complaints and approached the other tenant. However, due to his belief that the tenant who is being complained against has a privacy interest in the information that the tenant gives the landlord the landlord does not tell the complaining tenant the details about the situation with the neighbour.
Should the complaining tenant be entitled to know that his neighbour (who is making noise), has a medical condition and that he uses a machine to assist with his breathing at night? Is this personal information confidential? What if the complaining neighbour also has a strong dislike for the other tenant and the landlord suspects that the complaint is at least partially motivated by the complaining tenant’s dislike of the other tenant. Does the fact of the tenants’ mutual dislike of each other make the privacy interests of each tenant even more serious? How upset would the noise making tenant be if the landlord simply went to the complaining tenant and told him about the noise making tenant’s medical condition, what is causing it, steps that the tenant will take to deal with the concerns, etc.. Is that okay?
In this example, the landlord protected and kept confidential the information provided by the noise making tenant. He simply thanked the complaining tenant and said the issue was being dealt with.
The complaining tenant felt ignored and came to believe that the landlord was ignoring the complaint and not respecting his rights to quiet enjoyment of his rental unit. When he asked the landlord what was being done the landlord simply said that "appropriate steps" were being taken and that the complaining tenant should let him know if there were any more problems. To the complaining tenant, this is just not good enough. For over 5 months, the complaining tenant felt ignored and particularly upset that this other tenant (who he did not like anyway) was disturbing him in this way.
To deal with the issue, the complaining tenant files an application against the landlord seeking a rent abatement for 5 months on the basis that the landlord did nothing to deal with his complaints. The rent abatement claimed is 30% of the rent for that entire period until the issue was finally resolved. The tenant alleges that the landlord simply did nothing during that time to deal with his complaints and that he doesn’t believe that the landlord even spoke with the noise making tenant.
THE APPLICATION
It is not uncommon for tenants to make applications against landlords for the behaviour of other tenants. This occurs because there is no direct right to make a claim against another tenant (by a tenant) at the Landlord and Tenant Board. The Landlord and Tenant Board only adjudicates claims between landlord and tenant.
To defend an application by a tenant making these allegations a landlord necessarily has to advise the Board of the steps he took to deal with the noise making tenant. The noise making tenant is not likely to be a party to the application and is quite unlikely to be present at the hearing against the landlord (though the landlord could summons the noise making tenant as a witness). Is there any problem with the landlord disclosing the information he has collected about the noise making tenant to the Landlord and Tenant Board? What if the information that the landlord collected included a report from the noise making tenant’s doctor–which report contains information like the noise making tenant's date of birth, details of his medical condition, details of his medication and dosages, referrals to other doctors, a diagnosis and prognosis. Is the complaining tenant entitled to a copy of this report when the landlord wants to explain to the adjudicator what the results of his investigation were?
I put it to you that the landlord is between a rock and a hard place. It is very difficult to imagine that the noise making tenant would be at all pleased that his personal information is being shared with another tenant who he does not like and is being discussed in an open forum like the Landlord and Tenant Board. What then, does the law say about disclosing this information to other tenants and to the Landlord and Tenant Board? Unfortunately, the Residential Tenancies Act says absolutely nothing useful about this problem. The Landlord and Tenant Board Rules of Practice are also unhelpful. Perhaps the answer lies in other legislation–but it is clear that the specific circumstances of the landlord and tenant relationship is not considered from a privacy perspective anywhere in statute law.
The problem described in this article is a problem that I indeed have encountered and indeed have made an issue of. This week I received an interim Order from the LTB addressing the issue. I am very thankful to Member Moniz for tackling the question because it is a hard question and I don’t know that the “right” answer is immediately obvious. What does seem likely is that one side or the other is going to be unhappy depending on whether the information can be freely disclosed or not.
I want to share that interim Order with you in the pages below. The conclusion it appears is that in the legal proceedings instituted by the complaining tenant the private information of the noise making tenant can be disclosed without getting the consent of that noise making tenant.
There is nuance, of course, and I don’t think the decision stands for the proposition that all information can be disclosed freely without concern for the privacy of the noise making tenant. However, I do think the decision stands for the proposition that information gathered during the course of the landlord’s investigation from the noise making tenant can be disclosed in the legal proceedings involving the complaining tenant without the consent of the noise making tenant being required. The information needs to be disclosed in order for the landlord to defend himself from the complaining tenant's application and hence the confidentiality of the gathered information is waived.
Here is the decision–redacted in part–for you to consider.
I'm not sure if you can help but I have a few question's. My roommate and I rent a home that we've occupied for almost three and a half year's. We have horrible neighbour's who are also renter's but NOT the same landlord. We are constantly harassed by our neighbour's and have not been able to enjoy our rental home since we moved in. They call us name's throw garbage into our yard and do thing's on purpose to get our dog's to bark. We have told our landlord multiple times about their behavior and our landlords believe them over us because they're friends basically. I've made multiple complaints to their landlord about their behavior and action's. He says okay I will talk to them and when he does it makes it worse for us. They then yell at us calling us snitches and other things I won't repeat. We had called the police on them because the woman told my roommate she was going to kill her. The police did nothing and said they can't press charges as it wasn't threatening enough. They also bully our other elderly neighbour's but not to the extent we receive almost daily. I can't take this stress much longer, it's affecting my health. We can't even enjoy our backyard in the summer months because of the trouble they cause us and our dog's. We had spoken to a lawyer who said unfortunately there is nothing that can be done. If we had the same landlord then yes it would be different but since we don't it's a very grey area so to speak .We have tried to find another home to rent but it's very difficult between our budget and how low the rental inventory is. We're constantly walking on egg shell's in our own rental home because of our vial neighbour's. Please tell me if anything that there's something we can do about them and the constant harassment they cause us and our dog's. Is there anything we can do to get them to stop or be evicted by their landlord? He just doesn't seem to care what they cause us and like I said everytime we complain to him matters get worse for us. We even have everything written down with date's and what theve done to us or said. Page's and page's actually but there must be something that can be done to stop them. We're at our breaking point honestly and don't feel safe. Our landlord won't do anything nor does their landlord do anything to stop their bullying. I appreciate your time and hopefully you know of something that can be done. We're in Ontario if you require that information. Please help!
ReplyDeleteHi:
DeleteThank you for writing with this question. Your circumstances are not entirely uncommon. Bad neighbours can be a terrible and difficult problem to solve.
You indicate having consulted a lawyer and being told that there is nothing to be done because you do not share the same landlord with your neighbour. This is an accurate statement to the extent that you are talking about the application of the Residential Tenancies Act and starting some kind of proceeding at the Ontario Landlord and Tenant Board. The Landlord and Tenant Board will not recognize any application that you bring against the neighbour's landlord (to force eviction of his horrid tenants) because the Board only has jurisdiction to deal with the matter if the neighbour's landlord is also your landlord. To that extent, the advice your received is correct.
It seems as if you have taken the next logical course of action and that is to seek help from the police. I don't know why the police won't help--but suffice it to say--they're not.
So is there really nothing you can do? I suppose that there are creative ways to think about it and I can't say that I have the angle on all of the legal steps. Unfortunately, though, you're in a pretty difficult spot as anything you might do will take a fair amount of work and unfortunately a fair bit of money in hiring a lawyer---though I suppose you could do it yourself if so inclined.
I'll very broadly outline a potential course of action--no guarantee of success at all---but it might be better than doing nothing at all.
Firstly, the key in these things is evidence. That means collecting proof of the neighbours' behaviour. From the death threats to garbage throwing to making the dog's bark. I assume there is a lot more that reflects what you are describing as constant harassment. Collect the proof---concrete clear proof. Likely means security cameras and recording yourself when you go outside and come across the neighbours. That evidence will presumably reveal harassment, trespass, possibly threats, uttering threats, human rights violations---whatever it reveals. Reviewing the evidence (on its own) should make it apparent to whoever is looking at it that you are the victims of bad behaviour.
With the evidence collected--and now depending on whether you have the money to hire a lawyer or not--you sue. Sue the neighbours--but also the landlord of the neighbours. The next door owner is allowing this kind of behaviour to emanate from his property and cause you distress. He has the power to evict--he just needs to be motivated to do so.
You may of course get counter-sued and there are risks of costs if you are unsuccessful. It could--and likely will--become an ugly fight. However, I would expect things to change and the things your are suffering will hopefully stop.
This suggestion is not a clear road forward---lots of potholes, risks, detours are possible. However, collecting and having the evidence of misconduct and anti-social behaviour (that is actionable in law), is what gives your case legs--regardless of how the next door landlord might try to challenge your claim and legal course of action (those challenges are best met by having your own lawyer instead of doing it yourself). Regardless of how "strong" the legal claim is or how misguided the other side or even the Court may say your claim is---the fact of the misbehaviour (that is clear as day from your collected evidence) is something that most of the players in the case will agree has to stop. In that is the making for some kind of settlement that solves the case.
I can't say much else--and I've only said what I've said to reveal that there is always "something" that can be done (and even successfully sometimes). It will take time, effort, and money, but you don't have to simply accept it.
Good luck
Michael Thiele
www.ottawalawyers.com
I was wondering on if you had any information on what to do if the tenants above us have threatened to break our hands, blast the ac when they leave so we freeze, run laundry at 12 am, take up the whole drive way and stomp only at night.
ReplyDeleteHi Erika:
DeleteI'm sorry for your experience. It must be quite a challenge living below these tenants. The "break our hands" part is actually a crime and it is worthy of a report to the police. If that kind of threat is common and regular it might be worth getting a witness as well. Call the police tell them what is happening. Perhaps they will do something.
The Ontario Residential Tenancies Act requires the landlord to also deal with all of these issues. You should complain to your landlord, in writing, about these problems. The landlord is required to take action. Document the bad behaviour and collect whatever evidence you can to be able to prove it. Provide this evidence to the landlord in written form--the best would be by email. You want to be able to prove that you complained to the landlord and that you provided evidence of the issues to the landlord. The landlord is required to deal with the neighbours and that will include serving a Notice of Termination and begin eviction proceedings at the Landlord and Tenant Board if the problems continue. Of course, some landlords don't take their responsibilities seriously and will do nothing about complaints like this. If your landlord is this kind of landlord keep making complaints in writing anyway. Once you've given him a few chances to take action and it is clear that nothing is happening you can file your own application against the landlord at the Landlord and Tenant Board in Form T2. You would attach copies of your complaints to the landlord and your proof of what is happening to you. You would ask for a rent abatement and an Order that the landlord take action and for whatever other "relief" you might need. If you have expenses associated with the landlord failing to take action you can claim those too. While you might not get everything you ask for you will certainly get the landlord's attention.
Complaining to a landlord is NOT grounds for termination. The landlord can not legally terminate your tenancy for complaining about neighbours. Ontario law gives you security of tenure and it doesn't matter if a landlord decides that they don't like you any more and would like you to move out. A landlord is required to fulfill his obligations regardless of any personal feelings.
I hope that helps. Consider going to a local community legal clinic. The lawyers there should be able to help you navigate these issues. You do not have to put up with this kind of trouble.
Good luck
Michael K. E. Thiele
www.ottawalawyers.com
Hi Michael,
ReplyDeleteI'm a landlord and I've been googling to see what for can be done with tenants fighting with each other but to no avail until I found your blog.
The issue is I have tenants arguing with each other and it started with COVID-19. In a rented out residential house with a shared front door & hallway, the first floor tenant (a couple) has been cleaning the door on their own while the second floor tenant (male and female roommates and female roommate as been away) did not. I asked the male second floor tenant to clean the front door because of COVID, he didn't agree to it and he seldom cleaned the front door. In late July or early August 2020, the first floor tenant commented to the second floor tenant to clean the door. A heat argument occurred, including swearing with each other and the male second floor tenant calling the female first floor tenant a "F****** C***" several times. I warned the male second floor tenant not to such foul language. The female second floor tenant returned and the first floor tenants confronted her about the actions of her male roommate. Since the female second floor tenant ignored text messages by the first floors tenants, they confronted her where her bicycle is located and blocked from leaving. The second floor tenants called to the police about the incident and verbal warnings were issued. The female second floor tenant has been cleaning the floor but not her male roommate. Since the Toronto by-law to wear masks in common areas in residential buildings was issued and to keep the areas clean, the male second floor tenant said he will wear a mask in the common hallway and to clean the front door.
What should I do in this situation since they seem to be avoiding each other? I do not want things to escalate further between the tenants. Is it possible to evict the second floor tenants with a N7 notice to end tenancy for behavior impairing the safety of another person in the residential complex?
Hi Dwight:
DeleteThis is an unfortunate problem and it is one that I have dealt with numerous times. I'll describe how I've dealt with it but by no means is it the only way. I'll explain a little bit about the issues being confronted too.
The facts you set out have both upstairs and downstairs tenants behaving badly. The swearing is a problem---it is crude, rude, and intimidating. Further, being ignored by some doesn't give you the right to confront them (at the bicycle) and prevent them from leaving. Their is bad behaviour all around and it is likely that the behaviour is being stirred up by the stress and anxiety of the ever changing landscape related to covid.
So what do you do? I have seen landlords "pick a side" and then serve termination notices on the other side and then proceed to try to impose peace that way and alternatively (if peace can't be bought) file an application to evict. Proceeding this way puts one tenant on a team with the landlord and the other tenant on the outs.
Given the kind of negative interaction (fighting, bickering) that is escalating with examples of clear misbehaviour on each side I've advised and proceeded against both sets of tenants at the same time. The psychology is interesting in that neither tenant feels privileged by being on "team landlord". Both tenants find themselves with termination notices and both tenants have a risk of eviction. Creating this risk for them also conveys that they probably have the solution too---if they can work it out between themselves the eviction process likely goes away for both of them.
I've started with letters to both sets of tenants. When things are too serious for letters (i.e. out of control), I've served Notices of Termination in Form N5. These forms are voidable--if the substantial interference with reasonable enjoyment stops. Both tenants have the equal chance to preserve the tenancy and now are on notice to get it together.
If serving the N5's on both don't change the behaviours and the issues continue, then you may be in an immediate position to file with the Landlord and Tenant Board or you may be able to serve a 2nd N5 Notice. If it is the same kind of behaviour, you're likely applying against both sets of tenants. What you want to end up with is two separate LTB applications scheduled back to back against each set of tenants. The tenants each become the witness against the other in the applications with all of the evidence being heard at the same time.
DeletePrior to the hearing starting you will be offered a chance at mediation. This might help the tenants get along. If so, you can do a deal in each application that is a mirrored deal. If mediation doesn't work, then you proceed to a hearing.
Why is it great to have both sets of tenants subject to eviction at a hearing? Frankly, because the adjudicator can then see what kind of an impossible situation you are in. Both tenants are accusing each other and blaming each other for a whole host of different issues and complaints. You are expected to sort these out, assign blame and take action (i.e. if not an impossible task a very difficult one). Whichever narrative from whichever tenant you believe and act upon the other side will say it isn't true, that it didn't happen that way etc. etc..
In "bickering cases" you can end up wanting to bask your head against the wall if you pick just one side. Inevitably, if you proceed to hearing against only one side, an adjudicator is left trying to figure out what the appropriate remedy should be and probably--by finding that the tenant you are proceeding against is not 100% at fault--that you haven't proven your case and it should be dismissed. The result is that the tenant you tried to evict feels vindicated and now believes you should act against the other tenant while the other tenant is angrier.
Imagine instead, a proceeding against both with the Board being able to make orders against both equally. If it is a split decision then there can be relief for both tenants. If the case is proven against one side or the other then one can be evicted and the other not. All the options are on the table in a way that it isn't if you proceed against only one side. Another possible outcome, of course, is that the adjudicator doesn't believe either of the tenants and dismisses both applications---which isn't bad for you because you have now fulfilled your duty as a landlord.
So the foregoing, in the context of bickering tenants is how I've proceeded in situations where fault is shared and it is a little too difficult to place the blame all on one side. Of course, this isn't every case and where the fault is clear and the misbehaviour easily attributed then you proceed against the bad apples and rely on the evidence of the other tenants.
You asked whether you can use an N7 Notice of Termination. This form is usually served for "impaired safety". On the facts you describe I don't see it. The heated argument--I don't think is sufficient. It sounds like both sides were dishing it out and maybe upstairs tenant was a little better at it (i.e. worse). The cleaning or lack of it--as an impaired due to increasing covid risk I think is a stretch and it is too easy to think of an effective defence. Of the issues you describe the incident at the bicycle sounds more "impaired safety" to me than the other things you mention.
Michael K. E. Thiele
wwww.ottawalawyers.com
I have a neighbour above me who has had up to 6 people living in a small no bedroom apartment along with 5 cats plus a squirrel was brought in. The smell of the cats/Bo is seeping into my place and now the neighbour below me is complaining of the smell. Along with this the tenant who resides above has brought in her daughter and boyfriend who are addicts, they’ve been issued a no trespassing order due to damage and many issues they caused while the actual tenant was away (which she’s now away again) the daughter and boyfriend have left a cat locked out for hours during the day and at night. It’s become a real issue at this point. My landlord is doing what he can and taking steps to change locks, put up a new door to prevent shadyness and stop them from entering premises. I have myself called the animal control agency for the cats but what can I do now or who can I call to report the unhealthy situation that is getting worse by the day? They’ve puked outside on the porch and have never cleaned it up just to give you an idea of how “clean” these people are.
ReplyDelete