Landlord/tenant rights, dealing with problems, where to get help...
Issues with Loud Guest in My Apartment
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Toraigh Posts: 1
Posted On: 10/19/2015
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Hi folks.
I'm hoping someone can help me on this issue that I'm having at the moment.
My boyfriend has come to stay with me for a few weeks here in toronto (he's from the UK).
A few weekends ago we both got very drunk and had an argument that got rather heated.
The neighbours obviously felt threatened by the noise (it was around 2am).
The police came and told my boyfriend he had to leave for the night, which was understandable.
No charges were pressed.
My issue comes after that.
The landlord called to say that I'm not being evicted but if my boyfriend were to show up again the landlord will "file a restraining order".
We're a quiet couple and never make loud noises or have late parties and as such this was a one off occurrence.
For a first time complaint it seems harsh to never allow a certain guest into the building?
I'm too scared to let my boyfriend come back to stay with me in case I get evicted just for having him here.
In my understanding a landlord can't deny a tenant in letting a guest into their apartment, but in this case I'm hoping for some clarity.
Can the landlord send me an eviction notice if they see him in the building again?
Thank you in advance for your time.
Jane
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Moderator Moderator Posts: 4142
Posted On: 10/20/2015
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Hello Jane,
Thank you for sharing your situation with us.
We can appreciate that you would be concerned about this situation.
It is best if you get some legal advice by contacting the nearest Community Legal Clinic for some assistance.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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barryprop Posts: 2
Posted On: 11/5/2015
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Hi Jane;
To clarify your question, can the landlord deny you from having guests, especially considering no vandalism or destruction of property occurred? The simple answer is no, they can't. "Reasonable Enjoyment" includes the right to have the full use of a rental unit for all lawful purposes. Having guests, boyfriends, girlfriends, simple roommates, visitors is lawful and therefore part of what constitutes "quiet enjoyment" & "reasonable enjoyment" of a rental unit. Despite what your landlord may feel, having visitors is within your rights, regardless of whether or not any other person is listed on your lease either as a tenant or occupant.
Let's look at a LTB case similar to your situation.
Cunningham v. Whitby Christian Non-Profit Housing Corp.
In this particular case the landlord served a Notice of Trespass to Property against the fiancée of the tenant in an attempt to prohibit the fiancée from entering on the premise or being on the property. The Court, in this case, held that the landlord's action "constituted a breach of the landlord's obligations to the tenant" (read that carefully), and the tenant was awarded a 15 per cent rent abatement for the landlord's conduct. Now, that being said; it is NOT being suggested you can receive money over your situation. The key point is you are within your rights to have guests, providing they are not interfering with the reasonable enjoyment of other tenants (not harassing or assaulting them) and that the guests are not being destructive to the property. As a tenant, legal counsel comes at no cost if you call your local community clinch for some clarification too. Hope this helps.
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