Can my landlord kick me out quickly if my flatmate is being too loud?
Quick Summary
It depends on whether your landlord follows the specific rules for small buildings. If the landlord lives in a building with three or fewer units, they may be able to give you a notice to leave with only 10 days' notice if your flatmate's noise is substantially interfering with their reasonable enjoyment of the home [cite:ca-ontario-rta-2006-sec65].
The situation
I live in a small house in Ontario with only two other rental units, and I share a flat with a friend. For the past three weeks, starting around the first of the month, my flatmate has been hosting loud parties every single Friday and Saturday night. These gatherings usually go on until 3:00 AM, and the shouting and heavy music make it impossible for the landlord, who lives in the main part of the building, to get any sleep or enjoy his own home. I have already spoken to my flatmate twice and even sent a polite text message asking him to keep the noise down after midnight, but nothing has changed. The landlord approached me yesterday afternoon looking very angry and mentioned that he wants us to leave the property immediately because our behaviour is ruining his life. He said he doesn't need to give us months of notice because it is a small building. I am worried about my security and my budget, as I cannot afford to move on such short notice. I am unsure if he actually has the right to force us to move out in just ten days because of my flatmate's behaviour, or if there are specific rules about how much notice he must give us in this situation.
Detailed Analysis
Under the Residential Tenancies Act, your landlord has specific rights because they live in the same building as you. Because your house contains only two other rental units, it qualifies as a small building.
In such buildings, a landlord can issue a notice of termination if the conduct of a tenant or another person permitted in the building is "such that it substantially interferes with the reasonable enjoyment of the building for all usual purposes by the landlord"[1]. 'Reasonable enjoyment' refers to a person's right to use and enjoy their home without unreasonable disturbance, such as excessive noise.
If this specific rule applies, the landlord can provide a notice where the "termination date [is] not earlier than the 10th day after the notice is given"[1]. This means if the landlord's sleep and lifestyle are being significantly disrupted by your flatmate's Friday and Saturday night parties, they might legally be able to give you 10 days' notice rather than the longer periods usually required for larger buildings[2].
However, the law also states that "a notice of termination under this section shall set out the grounds for termination"[1]. This means the landlord cannot just tell you to leave verbally; they must provide a formal written notice explaining exactly why the noise is a problem.
It is important to note that even if a notice is given, a landlord cannot simply force you out physically on their own. They must follow the legal process to ensure the notice is valid. Whether the noise actually meets the high legal bar of "substantially" interfering with the landlord's life is a matter that may need to be decided by a legal authority.
Statutory Citations
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 65 — Termination for cause, reasonable enjoyment of landlord in small building
"a landlord who resides in a building containing not more than three residential units may give a tenant... notice of termination... that provides a termination date not earlier than the 10th day after the notice is given if the conduct of the tenant... is such that it substantially interferes with the reasonable enjoyment of the building for all usual purposes by the landlord"View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 64 — Termination for cause, reasonable enjoyment
"A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant... is such that it substantially interferes with the reasonable enjoyment of the residential complex"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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