Toronto Star: Can you evict a tenant for having loud sex?

[marmar]

Can you evict a tenant for having loud sex?
By Mark Weisleder | Thu Mar 24 2011


D.M., a reader from Markham sent me an email with this question: Can I get my landlord to evict the tenant next door because of their loud sexual behaviour that I can hear through my wall late at night?

It’s a good question. The short answer is technically yes, though practically no.

The Ontario Residential Tenancies Act says you can evict a tenant, if the tenant, their guest or another occupant of the unit, substantially interferes with the reasonable enjoyment of other tenants in the building.

Here are some cases heard by the Board where landlords have been successful making this argument. In all cases, the names of the landlord and tenant have been removed from the decisions but they are available online.

• In a case in Pembroke heard last April, a tenant was evicted after the landlord proved that there were continuous loud noises coming from his unit and he also uttered threats against another tenant. ...............(more)

The complete piece is at: http://www.moneyville.ca/article/959861--can-you-evict-a-tenant-for-having-loud-sex?bn=1

[brooklynite]

1. Despite the tittilating headline, this is a basic real-estate-question

No different than a tenant who plays the drums late at night...like my next door neighbors.

[Somawas]

5. So your next door neighbors bang too loudly, too?

[Very_Boring_Name]

2. One of my roommates in college had VERY loud sex with his girlfriend on a daily basis

His room was right next to mine, and the walls were paper thin, it was absolutely disgusting. Lots of pornstar-esque moaning. I hate confrontation, so I never complained about it. The most I did was bang on the wall one time when they were doing it, which stopped them for like 30 seconds and then they were back at it.

[IndyPragmatist]

4. Sorry about that...

I didn't realize the walls were so thin. :)

[City Lights]

6. LOL!

:thumbsup:

[undeterred]

3. I lived below someone who was in a musical group and played the piano.

He warned me as I was moving in. I could hear every note. Turned out that it was wonderful and I enjoyed it, even when they practiced in his small apartment. I was sorry when he left.

If it had been some other kind of noise that irritated me I would have been absolutely miserable.

[LeftinOH]

7. In a former apartment of mine, the people in the unit above me (over my bedroom) did that

a lot; Loud sex, screaming sex, wailing sex, always noisy sex. Squeaky springs is one thing, but this shit was loud and it went on forever. Because everyone's names were on the mailboxes, I knew who they were. I found their number in the phone book and called their phone every time they would start 'going at it' (this was before caller-ID). Interruptus? You bet- since I wasn't getting any sleep, they weren't getting any action.

[MineralMan]

8. Call 911 and say there's a woman screaming in the apartment

and that you are afraid something terrible is happening. They'll come and bang on the door, then explain that loud screaming probably isn't such a good idea.