I'm having some serious problems with the people who live upstairs from me. I'm not beyond pulling nasty stunts to get them from being so intrusive and nosy but I would like more to scare the hell out of them with the threat of legal action. Is there such a law that protects me from feeling like a prisoner in my own home because I'm not much for conflict but I've only lived here a couple of months and these people make me want to avoid them at all cost (sorry about the run on sentence)?
Having Issues
- Thread starter BoxHunter
- Start date
shinyam said:You should contact the landlord about this problem. If the problem is not resolved, you should contact the police or file a lawsuit.
If only it were so simple. Although I love the landlord as a human being, he is a people pleaser and does not like conflict so he tells me one thing - them another.
I would love to know what legal standing I have to sue - would you know what term I can slap them in the face with?
They are snooping around my property, looking into my apartmet w/o actually peeping (we have a common backyard which leaves my place exposed), moving my belongings around within the yard, playing music extremely loud (i believe only to annoy me) but only on the week-end (when i work), and (on a seperate, unrelated note) I suspect they're abusing their dogs but i'm reluctant to call the humane society because it will only cause more friction between us. I'm a very quiet person - I don't party, play loud music and I live alone with a timid dog. I've never had to deal with such nosy trailer trash before.
I feel your pain. I've had to deal with noisy neighbors before too, so I know how aggravating it can be.
The very first thing you must do is to ask your neighbors politely but firmly to turn down the noise, and to not move your stuff on the lawn. If they refuse, contact the landlord. It's his/her responsiblity to make sure they comply. If these actions don't work, you have to prepare to go to court and force them to comply, or if you don't want to deal with a lawsuit, simply move out.
If you decide to go to small claims court, you need to do is start collecting evidence. You will be suing for nuisance. Write down every instance of noise violation (e.g. when they play their music too loud) and the time/date, and other acts which you find annoying. Get a video camera and record all these instances. Before you can go to court, you will need to be armed with this type of evidence, so gather as much as possible. Get witnesses too, friends, other neighbors. I'm sure the music is bothering other neighbors as well. Perhaps you can talk with them and form an alliance.
Please visit the following links, which will be useful:
http://apartments.about.com/cs/neighbors/a/noisy.htm
http://www.tenant.net/Other_Areas/Calif/misc/noise.html
Under no circumstance should you have to endure their bullshit. You are paying rent to live peacefully, and if these people are so selfish and disrespectful, you do not need to be shy about confronting them. They need to be dealt with. If you stop them now, you will be doing a favor to other future tenants who will be living next to them.
Also, what makes you suspect they are abusing their dog? To me, this is a very serious issue. Gather as much evidence as possible, and report it to the spca or local police.
The very first thing you must do is to ask your neighbors politely but firmly to turn down the noise, and to not move your stuff on the lawn. If they refuse, contact the landlord. It's his/her responsiblity to make sure they comply. If these actions don't work, you have to prepare to go to court and force them to comply, or if you don't want to deal with a lawsuit, simply move out.
If you decide to go to small claims court, you need to do is start collecting evidence. You will be suing for nuisance. Write down every instance of noise violation (e.g. when they play their music too loud) and the time/date, and other acts which you find annoying. Get a video camera and record all these instances. Before you can go to court, you will need to be armed with this type of evidence, so gather as much as possible. Get witnesses too, friends, other neighbors. I'm sure the music is bothering other neighbors as well. Perhaps you can talk with them and form an alliance.
Please visit the following links, which will be useful:
http://apartments.about.com/cs/neighbors/a/noisy.htm
http://www.tenant.net/Other_Areas/Calif/misc/noise.html
Under no circumstance should you have to endure their bullshit. You are paying rent to live peacefully, and if these people are so selfish and disrespectful, you do not need to be shy about confronting them. They need to be dealt with. If you stop them now, you will be doing a favor to other future tenants who will be living next to them.
Also, what makes you suspect they are abusing their dog? To me, this is a very serious issue. Gather as much evidence as possible, and report it to the spca or local police.
Thank-you so much! I've been writing in my journal everyday and taking pictures everytime they moved my belongings. It's seriously infuriating. I really don't want vengeance - I just want them to leave me alone but I have no qualms about forcing legal action upon them. Bless you for taking interest.
I used to specialize in Landlord and Tenant, I am a paralegal. There are many different ways to deal with this.
1. Contact the landlord and record all the times that you have called and what the response was.
2. Contact the police if they are being too nosiy at nights.
3. Contact the Ontario Rental Housing Tribunal www.orht.gov.on.ca or 1-888-332-3234 their Customer Service Reps can help as well . This is not a civil matter so Small Claims Court cannot help you at the present time.
The landlord should be serving notices for interference with the resonable enjoyment to the tenants above and if he feels like kicking you out he might also serve you with this notice (N5). After the landlord serves this notice than the tenants above you have up to 6 to behave and if they don't than the landlord serves another notice and brings the application to the ORHT and an adjudicator determines the outcome unless there is a settlement.
If you feel that the landlord is not doing his duty than you have the option of bringing an tenant application against him for compensation.
1. Contact the landlord and record all the times that you have called and what the response was.
2. Contact the police if they are being too nosiy at nights.
3. Contact the Ontario Rental Housing Tribunal www.orht.gov.on.ca or 1-888-332-3234 their Customer Service Reps can help as well . This is not a civil matter so Small Claims Court cannot help you at the present time.
The landlord should be serving notices for interference with the resonable enjoyment to the tenants above and if he feels like kicking you out he might also serve you with this notice (N5). After the landlord serves this notice than the tenants above you have up to 6 to behave and if they don't than the landlord serves another notice and brings the application to the ORHT and an adjudicator determines the outcome unless there is a settlement.
If you feel that the landlord is not doing his duty than you have the option of bringing an tenant application against him for compensation.
It's really nice to know that I have options to deal with this incredible pain in my backside. I'm trying not to lose sleep over this but I literally get a knot in my stomach when I hear them come home. I thought that there was really no cause of action against being perpetually annoyed. Thanks to both of you.
[Also, what makes you suspect they are abusing their dog? To me, this is a very serious issue. Gather as much evidence as possible, and report it to the spca or local police. [/B][/QUOTE]
It is a very serious issue to me as well (i love all animals, particularly dogs). I've heard their dogs scream (in pain) at various times and i'm looking for something concrete because i know i've stepped on my pooch's paw and he can shriek pretty loudly. Yet... when no one is home during the day, the dogs are completely quiet. I find this odd because even if they are crated, shouldn't you hear an occasional bark, howl, moan, something? When the people are home, i never hear the dogs moving around, running, barking, anything. The girl upstairs only ever has them outside (that i've seen in 2 months) when she comes home from work and takes them on a 10 minute walk. Even when she's nosing around in the backyard, she doesn't have the dogs with her. My pooch folows me EVERYWHERE, inside, outrside, to the bathroom etc. I really don't want to call the SPCA out of spite so I would like some tangible evidence.
It is a very serious issue to me as well (i love all animals, particularly dogs). I've heard their dogs scream (in pain) at various times and i'm looking for something concrete because i know i've stepped on my pooch's paw and he can shriek pretty loudly. Yet... when no one is home during the day, the dogs are completely quiet. I find this odd because even if they are crated, shouldn't you hear an occasional bark, howl, moan, something? When the people are home, i never hear the dogs moving around, running, barking, anything. The girl upstairs only ever has them outside (that i've seen in 2 months) when she comes home from work and takes them on a 10 minute walk. Even when she's nosing around in the backyard, she doesn't have the dogs with her. My pooch folows me EVERYWHERE, inside, outrside, to the bathroom etc. I really don't want to call the SPCA out of spite so I would like some tangible evidence.
Had a similar problem a while back. First I asked nicely. Then I asked firmly. Then I resorted to profanity. Didn't work.
I then discovered that the by-law in my city restricted the number of dogs in one residence. Called the by-law officer while the neighbors dogs were barking 10 feet from my window. Within a week 2 of the dogs were gone. Neighbours knew I was serious, and the problems were all but over.
Let them know you mean business. Check the by-law with regards to animals on premises.
Good luck
I then discovered that the by-law in my city restricted the number of dogs in one residence. Called the by-law officer while the neighbors dogs were barking 10 feet from my window. Within a week 2 of the dogs were gone. Neighbours knew I was serious, and the problems were all but over.
Let them know you mean business. Check the by-law with regards to animals on premises.
Good luck
Moving is not that easy, especially if he bound by a lease. He can give the proper 60 days notice, however, the landlord can sue him for rental loss.
Normally I would be inclined to do just that except that their lease is up in December and I just moved into anotherwise amazing arangement (parking spot, laundry on suite, back-yard, dogs allowed, lots of room & reasonably priced). The landlord is not crazy about them and assures me that they will not be renewing their lease but the idea about calling the by-law...they do have 3 DOGS and a cat. Hmmm...midLifeCrisis said:Just move.
Who needs the bullshit?
If that means they win, then let them win. Big deal.
Send the landlord a letter on the next three occasions of noise, saying that the tenant is being denied quiet enjoyment of the property. Then move and let the landlord sue, if the landlord needs the bullshit.just_me2 said:Moving is not that easy, especially if he bound by a lease. He can give the proper 60 days notice, however, the landlord can sue him for rental loss.
If the problem's going to solve itself in five months, why are you tying yourself up in a knot?Originally posted by BoxHunter
their lease is up in December ... The landlord is not crazy about them and assures me that they will not be renewing their lease
If his purpose in life is to right the world's wrongs and become a heroic force for decency and justice, then of course he should fight. No sacrifice is too great! I was simply assuming that his goal in life was to have a nice time... silly me.Originally posted by bbking
Why should they incur the cost, and reward this kind of behaviour?
If the problem's going to solve itself in five months, why are you tying yourself up in a knot?
You know what, you're right. I shouldn't be so pissed off about this - ultimately, it will get too cold for them to hang out in the yard and I can make their lives miserable through legitimate complaints to authority figures (by-law, LE etc.)
You know what, you're right. I shouldn't be so pissed off about this - ultimately, it will get too cold for them to hang out in the yard and I can make their lives miserable through legitimate complaints to authority figures (by-law, LE etc.)
