Noise by-laws and the consequences for making noise
A very common problem is with Tenants making Noise in apartment buildings. The noise can be loud talking, arguments, stereos, blasting music, party noise, televisions too loud, gaming systems and the games on them making war noises, crying babies, barking dogs, walking like an elephant on the floor, and all other kinds of noise arising from tenants and their guests living their lives. What are the rules about dealing with noise?
There is a very large red-herring that always interrupts this analysis. That red-herring (i.e. something that does not actually mean anything but seems like it might), is the noise by-law passed by a city, town, or township where the rental unit is located.
Tenant's who make noise will, when confronted, will often say that they quiet down at 10 p.m. or 11:00 p.m. as the by-law requires. The implication is that until the time set out in the by-law they can play the music as loud as they want or have as many people shouting and carrying on as they wish. So long as they comply with the by-law they feel that what they are doing is legal.
Certainly, if a municipal by-law requires a quiet period after a certain hour or prohibits certain activities before a certain hour then the impression is that noise before or after the time in the by-law is legally permissible. For the purposes of landlord and tenant law this is absolutely 100% false.
The Residential Tenancies Act controls noise and all behaviour of other tenants 24 hours a day, 365 days a year. That control is set out in section 64 (among others) of the Residential Tenancies Act. In that section tenants are prohibited from substantially interfering with the reasonable enjoyment of the premises by other tenants and the landlord. Loud noise that at any time of the day substantially interferes with the reasonable enjoyment of the premises by any other tenant is prohibited. This is the case regardless of what the noise by-law says.
The key to the RTA requirement lies in the words "substantial" and "reasonable". There is no noise Bylaw and no RTA requirement that imposes absolute quiet in any residential complex. This does not mean that some tenants will not be disturbed. For example--a blender at 1:00 a.m. being used to make a breakfast for a tenant on shift work might very well be quite annoying to a neighbour who can hear this blender. Does this blender noise contravene a by-law or the RTA? Very likely not. While the noise is undoubtedly bothering neighbours, the use of the blender at that time and for that purpose is "objectively" reasonable. The problem is not actually the use of the blender at that time, the problem is likely that the walls are too thin, not sound insulated, or the rental unit is very old or it wasn't originally constructed for multiple-family occupation. This problem, then, becomes the reality of communal tenant living in that building. I know of a great many buildings in this region (Ottawa), where neighbours are fully aware of the intimate habits and daily routines of their immediate neighbours. They know these things not because they're snooping but simply because the noise carries and you can hear everything just walking down the hallway or while sitting on your living room couch. Perhaps the more startling revelation is when tenants realize that if they can hear the neighbours then the neighbours can hear them too.
Back to the blender example. If a neighbour decides to be anti-social and starts turning on a blender, or two blenders, at 1:00 a.m., and leaves it running for 20 minutes just to annoy the neighbours then this likely is a breach of the RTA. If a complaint to the landlord results in an investigation that determines the noise is being made to bother people then eviction is on the table and the tenancy can be terminated through the N5 Termination Notice process. So, intent matters! If a neighbour is trying to be annoying and has no reasonable regard for the peace and quiet of the neighbours then they can be evicted for the noise. The RTA, through the hearing process and eviction procedures will impose on tenants "reasonable" behaviour and to an extent respectful behaviour for neighbours. However, the RTA will not prohibit all noise or seek to impose onerous conditions for the benefit of a tenant who is hyper-sensitive or who wants absolute peace and quiet. This is even the case if the noise is "new" because of new tenants and the tenant complaining had perfect quiet for many years before.
Michael K. E. Thiele
www.ottawalawyers.com
A very common problem is with Tenants making Noise in apartment buildings. The noise can be loud talking, arguments, stereos, blasting music, party noise, televisions too loud, gaming systems and the games on them making war noises, crying babies, barking dogs, walking like an elephant on the floor, and all other kinds of noise arising from tenants and their guests living their lives. What are the rules about dealing with noise?
There is a very large red-herring that always interrupts this analysis. That red-herring (i.e. something that does not actually mean anything but seems like it might), is the noise by-law passed by a city, town, or township where the rental unit is located.
Tenant's who make noise will, when confronted, will often say that they quiet down at 10 p.m. or 11:00 p.m. as the by-law requires. The implication is that until the time set out in the by-law they can play the music as loud as they want or have as many people shouting and carrying on as they wish. So long as they comply with the by-law they feel that what they are doing is legal.
Certainly, if a municipal by-law requires a quiet period after a certain hour or prohibits certain activities before a certain hour then the impression is that noise before or after the time in the by-law is legally permissible. For the purposes of landlord and tenant law this is absolutely 100% false.
The Residential Tenancies Act controls noise and all behaviour of other tenants 24 hours a day, 365 days a year. That control is set out in section 64 (among others) of the Residential Tenancies Act. In that section tenants are prohibited from substantially interfering with the reasonable enjoyment of the premises by other tenants and the landlord. Loud noise that at any time of the day substantially interferes with the reasonable enjoyment of the premises by any other tenant is prohibited. This is the case regardless of what the noise by-law says.
The key to the RTA requirement lies in the words "substantial" and "reasonable". There is no noise Bylaw and no RTA requirement that imposes absolute quiet in any residential complex. This does not mean that some tenants will not be disturbed. For example--a blender at 1:00 a.m. being used to make a breakfast for a tenant on shift work might very well be quite annoying to a neighbour who can hear this blender. Does this blender noise contravene a by-law or the RTA? Very likely not. While the noise is undoubtedly bothering neighbours, the use of the blender at that time and for that purpose is "objectively" reasonable. The problem is not actually the use of the blender at that time, the problem is likely that the walls are too thin, not sound insulated, or the rental unit is very old or it wasn't originally constructed for multiple-family occupation. This problem, then, becomes the reality of communal tenant living in that building. I know of a great many buildings in this region (Ottawa), where neighbours are fully aware of the intimate habits and daily routines of their immediate neighbours. They know these things not because they're snooping but simply because the noise carries and you can hear everything just walking down the hallway or while sitting on your living room couch. Perhaps the more startling revelation is when tenants realize that if they can hear the neighbours then the neighbours can hear them too.
Back to the blender example. If a neighbour decides to be anti-social and starts turning on a blender, or two blenders, at 1:00 a.m., and leaves it running for 20 minutes just to annoy the neighbours then this likely is a breach of the RTA. If a complaint to the landlord results in an investigation that determines the noise is being made to bother people then eviction is on the table and the tenancy can be terminated through the N5 Termination Notice process. So, intent matters! If a neighbour is trying to be annoying and has no reasonable regard for the peace and quiet of the neighbours then they can be evicted for the noise. The RTA, through the hearing process and eviction procedures will impose on tenants "reasonable" behaviour and to an extent respectful behaviour for neighbours. However, the RTA will not prohibit all noise or seek to impose onerous conditions for the benefit of a tenant who is hyper-sensitive or who wants absolute peace and quiet. This is even the case if the noise is "new" because of new tenants and the tenant complaining had perfect quiet for many years before.
Michael K. E. Thiele
www.ottawalawyers.com
