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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 163
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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I moved into my apt. in Windsor ON Feb. 1. Everything was

Customer Question

I moved into my apt. in Windsor ON Feb. 1. Everything was fine or a while and as the weather started to get better a Tenant's girlfriend started running up and down the hall yelling screaming and crying in the middle of the night. She is not the tenant. Between this past Monday(May 23) and Sat. morning (May 28) she screamed and yelled twice in the hall and once outside just below my second floor bedroom window, each time after midnight. The cops have come twice. My windows face the back of the building where a huge dumpster and recycling bins are located. This morning at 3am Sunday a fight broke out. 2 guys were yelling and screaming. Since the summer weather is here, people congregate in this area all day and night, even jumping into the dumpster scrounging for anything they might need. I am a 63 year old female on a very strict, fixed income. Do I have any recourse?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Law Maven replied 5 months ago.

Hello – my name is***** am a lawyer in Ontario, and I’ll be happy to help with your question today.

First things first, I hope things have quietened down and you were able to get some sleep.

Fortunately you do have some options in this situation. As a tenant, you have a right to "peaceful enjoyment" of your apartment. That right stands against interruptions by a landlord or by another tenant or tenants. It is the landlord's responsibility to ensure that their tenants do get that peaceful enjoyment, and if the landlord fails in doing so, the Landlord Tenant Board will intervene to order a resolution.

You need to figure out what your preferred resolution would be:

  • would it be better to have the other Tenant evicted (which does take some time, and might cause more stress in the short term if he or his girlfriend act out before leaving)? or
  • would it be better to move out yourself, if the landlord was ordered to cover some, or all, of your moving expenses?

Once you know what you want out of the situation, you need to make sure that you have given the landlord your complaints in writing. Ask for a response regarding what the landlord has done, and what the landlord proposes to do next, since anything done so far has not worked. If the building has a specific form for complaints, and that does not give you the option of general comments, you might want to attach a cover letter stating that you have looked at the information available on the Landlord Tenant Board's website: and you are aware of the landlord's responsibility to ensure that tenants are not disturbing each other's peace.

If you do not get a reasonable response, you could either use the information on the website to file a Tenant's Rights application with the Board, or hire a paralegal (less expensive than lawyers) to handle the application for you.

The Board can make a variety of Orders, including:

  • that the landlord evict the other tenant(s),
  • that the landlord put up fencing or some sort of barrier so that people do not congregate around the dumpsters, or simply
  • that your tenancy is over (so you don't need to give specific notice) and
  • that the landlord should pay all or part of your moving costs. In cases where the landlord has been extremely irresponsible, the Board can even order the landlord pay any increase in rent for up to the first year after you move.

I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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