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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101041
Experience:  Lawyer
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I live in charlottetown pei i own a half a duplex and some

Customer Question

I live in charlottetown pei i own a half a duplex and some one else owns the other witch he rents the problem is a lot of noise some times as late as 4:15 am.i have contacted the tenants and she says they ar not making any noise i then contacted the owner (landlord) he said he would talk to them he came back to me and said i have to understand i live in a half a duplex and these people have a right to live their way we have lived in this duplex for 35 years and hand no problem till now (the owner just bought this duplex and took out all the carpets i suggested at that time to sound proof it and he said he would not because he was just going to flip it) we then called the police to deal with the noise but that only made it worse when the police leave she is then 10 times worse when we call the police back she stops and doesnt answer the door and they think shes in bed and they tell us if we keep calling we will get a ticket then we get a letter from the landlords lawyer telling us we are to stop calling the police because we are harshing his tenants on sat nite we called the police again and this time they parked around the corner where they could not be seen and they heard the noise they went next door and knocked on it and she answered it she did not know it was the police because she did not see the car now there is a police report with someone else hearing the noise what do i do now do i hire a lawyer do i sue the landlord or the tenats or do i still need more to go on we do not have ghe privacy or quietness of our home
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

If the police will not help you retain a lawyer and have the lawyer send a letter to the owner threatening to sue the owner. The owner can put down carpets or evict the tenants or face a lawsuit.

This is nuisance and you can sue for an order requiring the landlord rectify the situation and pay you damages.

Customer: replied 2 years ago.
Just talked to police yesterday and all the police report says is there were two loud bangs and not enough noise to issure a ticket i have talked to the landlord and he said he wouls sound proof his side if i did mine i refused because i am not making any noise it is their noise you say hire a lawyer what kind of a lawyer do i need i spoke to one and all he told me to do was respond to the landlord he did not think i would be able to sue
Customer: replied 2 years ago.
Are you sure you can sue in charlottetown pei. there is no noise bylaw only for construction and the hours are from 7:00am to 11:00 pm
Expert:  Debra replied 2 years ago.

It is not about a by-law. If it was you would not sue but you would call by-law enforcement. This is about a civil issue and a tort which is a civil wrongdoing and that is why you can sue.

Customer: replied 2 years ago.
Does it make any difference that we have no witnesses except ourselves but I have heard the noise while talking to my wife on the phone.That is how loud the noise is.When this noise occurs it's every 15 minutes all night long with loud bangs,stomping and running heavily on the floors so that if my wife gets to sleep they're making sure she's kept awake.This can't keep going on so what kind of a lawyer do I need?
Expert:  Debra replied 2 years ago.

You need a civil litigation lawyer. If you end up suing it is your burden of proof so you will have to prove that this noise is going on. I suggest that you have witnesses either inside or your, or over the phone, or over facetime/skype, and that you also make recordings of what you hear.