Have you ever had a particularly noisy neighbour?
While everyone isn't always on the same schedule, a modest amount of noise likely won't bother tenants living in close proximity to one another. Even a few loud gatherings typically aren't a cause for concern, provided they don't happen frequently and aren't deafeningly boisterous.
But some people make an excessive amount of noise — and some sounds are particularly unsettling.
According to B.C.'s Residential Tenancy Act (RTA), landlords are responsible for providing quiet enjoyment to all tenants. Upon getting a disturbance complaint from a tenant, the landlord must take steps to fix the problem. For example, a landlord may need to speak to a tenant about noise if it bothers neighbouring tenants.
Tenants must make sure they, their guests and their pets don’t unreasonably disturb other occupants.
If there are disturbances like unreasonable noise, excessive second-hand smoke or harassment from a neighbouring tenant of the same landlord, the tenant should speak to the landlord about the issue.
Sex parties: Tenant said he installed a doorbell to minimize disturbance
In one dispute, the tenant sought to cancel a notice to end tenancy for cause issued in 2014. The landlord and other tenants in the building "observed a constant flow of people coming in and out of that apartment...yelling at all hours of the night...[and] people waiting in the hallway."
The tenant admitted that there were numerous people attending his rental unit for regular sex parties that he hosted — but he didn't think this was an issue for other tenants that knew about his sex schedule.
To minimize disturbance to other occupants, the tenant said he installed a buzzer. He claims he was unaware his behaviour disturbed other tenants and after discovering that it did he "reduced the number of parties, informed his guests to minimize the noise, and has hosted these parties outside of the rental unit."
While the landlord said he was "performing surveillance of the tenant's apartment," they did not submit any evidence to the RTB. As such, the branch ruled in favour of the tenant in this dispute since there was insufficient evidence.
Here are just a handful of the multiple decisions involving sex-related issues in past years.
