What harassment is

• Part of the purpose of the Residential Tenancies Act (the Act) is to provide tenants and landlords alike with an environment that is free of interference and harassment.
• There are specific provisions of the Act prohibiting harassment.
• In law, harassment doesn’t necessarily mean verbal abuse. Instead, harassment could be any action that would cause the tenant or landlord to lose “reasonable enjoyment” of the property.
• It is, essentially, any action that is disruptive to the landlord’s or tenant’s life.
• This action makes it significantly uncomfortable or untenable for the landlord or tenant to live in the unit.
• It may be an action that interferes with the landlord’s lawful rights and interests.

Historically, it has been more frequent that tenants bring forward applications about harassment and property maintenance to the Landlord and Tenant Board.

However, the Residential Tenancies Act protects the landlord from harassment, as well. The Act allows a landlord to evict a tenant involved in harassing activities.

When a tenant’s behaviour can be considered harassment or interference

• It is not uncommon when a landlord lives in the same residential complex as his/her tenant.
• Accordingly, the tenant’s, his/her guests’ or occupant’s unwise behaviour may disturb other tenants, as well as the landlord.
• For example, frequent, loud parties stretching into the early morning can certainly interfere with the landlord’s life. Other significantly disruptive behaviour can do the same. Such behaviours lead to “loss of reasonable enjoyment” of the property and may be grounds for eviction.
• Similarly, the landlord can evict the tenant if he/she interferes with the landlord’s lawful rights and interests. For example, an eviction process can start if the tenant does not pay for the utilities as per the rental agreement.

How to evict a tenant for harassment or interference.

• The eviction procedure should follow the same pattern as in other eviction cases.
• It starts with serving a notice to terminate the tenancy on the tenant. But, first, it is essential to select the right notice. There are two types of notices, which the landlord may choose based on how many units there are in the rental complex.

Types of eviction notices

• If an eviction procedure starts with Form N5 notice, the termination day cannot be earlier than 20 days after the notice was given to the tenant. The tenant has an opportunity to void the notice and stay in the apartment.  To stay, she/he must stop the activity or fix the situation, which has lead to issuing the notice. If the tenant does not correct the problem within 7 days, the landlord can apply for eviction to the Landlord and Tenant Board.
• If the landlord lives in the same building in one of only two or three existing apartments, he/she may use a Form N7 termination notice. The term of this notice cannot be less than 10 days. The tenant cannot correct the problem and void the notice. The landlord can file an eviction application immediately after he/she gives the notice to the tenant.

The eviction hearing in cases of tenant harassment

• The Landlord and Tenant Board decides the landlord’s application about interference with reasonable enjoyment and other lawful rights and interests in the open hearing.
• Both parties have the right to present evidence and call witnesses. However, it is the landlord’s duty to establish that such interference took place.
• The Board must rule that the interference is substantial to evict the tenant.  The Board will not issue an order to evict the tenant if interference is not serious or is a one-time matter. For example, a short argument, even a heated one, cannot be a good cause for eviction.

It is imperative to make your case well at the hearing. Sometimes, the landlord may face a significant issue with the tenant but would not successfully obtain an eviction order because s/he does not present the issue well.  It happens if the landlord does not, for example, know which evidence to use or which evidence carries the most weight. We strongly recommend obtaining legal advice or representation by a paralegal in complex matters such as this.

Please feel free to contact us for a free case assessment!