Landlord/tenant rights, dealing with problems, where to get help...
Noise levels
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Nadia Posts: 1
Posted On: 8/15/2016
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I would like to know my rights when it comes to noise with kids in a basement apartment of a house in Woodbridge Ontario.
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Moderator Moderator Posts: 4142
Posted On: 8/16/2016
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Hello,
Thank you for sharing your question with us.
According to one of our Housing Experts, as long as the children’s noise is “reasonable” the Code protects tenants from any harassment or threats of eviction. In terms of what is reasonable, again, there isn’t any precise definition of this, however, it basically means that the noise is what you would expect of a child of that age.
Under the Residential Tenancies Act, as far as we know, there really is no definition of reasonable noise, but the Human Rights Code over-rides the Residential Tenancies Act.
The danger with going to the Landlord and Tenant Board on this issue is that the adjudicators are a bit hit and miss with respect to their understanding of the Human Rights Code.
The adjudicator may not properly interpret the Code.
Therefore, it is probably best to try to resolve the situation before any tribunal hearing.
You may want to contact the nearest Community Legal Clinic for additional information.
There is also an organization that works specifically with equality rights and housing. You may want to contact the Centre for Equality Rights in Accommodation for additional information on what your rights are in this situation.
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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