What if my landlord wants to evict me for disturbing others?
Your landlord can try to you if they say you have been disturbing other tenants or the landlord. This is sometimes called “interfering with other people's reasonable enjoyment”.
Some examples of disturbing behaviour are:
- playing loud music
- having loud late at night
- leaving garbage in the hallways
- throwing cigarette butts off the balcony
- harassing or threatening someone
The landlord must first give you a written . It should be on a form called Form N5: Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding. But if your landlord lives in the same building as you and there are no more than 3 living units in the building, the landlord can use a Form N7: Notice to End Your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex.
You do not have to move out just because you get this notice.
If this is the first time in 6 months that your landlord gave you a Form N5, you have 7 days to cancel or “void” it. To cancel the N5, you must stop doing whatever the notice says is disturbing people.
There are things you can do after you get this notice to try to stop the eviction.
Your landlord can then file a Form L2: Application to End a Tenancy and Evict a Tenant with the (LTB) if:
- the landlord claims that you didn't cancel the N5 notice by stopping the behaviour within 7 days,
- you already got an N5 from the landlord less than six months before you received this new notice, or
- your landlord gave you a Form N7 because you live in the same building and there are no more than 3 living units
The LTB will schedule a hearing to decide the landlord's . The LTB has the power to evict you. They can also you to stop disturbing people.
The LTB or your landlord should send you a Notice of Hearing and a copy of the landlord's application.
There are things you can do before the hearing to try to stop the eviction or to reach some agreement with your landlord. But if you and your landlord can't agree, your case will go to a hearing at the LTB.
At the hearing, your landlord must show that:
- they have followed all the right steps in their application,
- there is a good reason to evict you, and
- the notice you received gives you enough information about that reason.
You will need to prepare for the hearing and think about the best ways to prove that you should not have to move out.
