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Tenancy Problems - Most Recent Answers
Q:
Prior to renting the basement suite, I discussed with my prospective landlord/owner of house that I was looking for a quiet suite due to the following: a) Experience from previous residence of hearing constant, loud, abrupt noises coming from above such as but not limited to the following: constant walking/running, dragging of furniture, stuff being dropped, etc., b) Taking up educational courses related to work that required constant studying during weeknights and weekends. c) By nature, a quiet person, sensitive to noise, and easily gets headache due to constant noises as described.
Landlord claimed they were a quiet family and would only hear the piano as their children are taking piano lessons and would practice every night and weekends.
I expressed my interest to rent the suite provided that I hear their children play the piano and asked them to do their normal activities as they would normally do in the areas above the suite such as: kitchen, dining, living room, and utility room.
The landlord did as requested and I did not hear the noises I described above.
Also, it is worth mentioning that I inquired about noises coming from pipes if they were loud. The landlord said it was not.
Based on the above, and landlord's represesntation, I rented the suite.
for the first few months, it was indeed quiet. I was very happy that I found the suite I had hoped for.
Unfortunately, after several months, I started hearing noises described above. I then verbally discussed the matter to the landlord but to no avail. They claimed those were normal "household noise". The issue became regular and has resulted to headaches, wearing ear plugs, going out to coffee shops to study, and going to friends' house. In addition, I became angry and frustrated that lead to banging of the walls and doors everytime I hear the noises.
Given the above, can I file a case for misrepresentation? also, does this issue apply to the Quiet Enjoyment provision of the Tenancy Act?
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| A:
You are obviously unhappy with your current situation, and it sounds to me like you are going to be looking for new digs. The tenancy act won't give you much satisfaction in the situation you describe - while you could claim for loss of use and quiet enjoyment, you'd have to show that the landlord is somehow responsible, and explain how it is his fault that things were hunky dory for the first few months but that now things have taken a turn for the worse. In my experience you would only get the satisfaction of getting to 'tell it all at city hall', and it would lead nowhere. The legislation does not compensate for headaches, ear plugs, the cost of coffee out, anger and frustration. If I am correct, you are describing an 'up and down' tenancy, which the old testament referred to as 'a house divided'. The good book also told us, as I recall, that a house divided cannot stand. Perhaps what they meant is that 2 familys living in a single family residence can't last indefinitely. |
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