The Dwelling


You have just moved into a new apartment. When you went to see it, the building seemed to be a very quiet one.

You are the landlord and have just rented to some people who seemed to be the quiet type. No such luck!

Both the landlord occupying a dwelling in his own building and the tenant are entitled to what is called peaceable enjoyment of the premises. Therefore, it is in everyone’s interest to behave in a good neighbourly fashion.

The landlord’s recourse

As the landlord concerned with giving his tenants the peaceable enjoyment of the premises rented, it is your obligation to intervene. You are well aware of being seriously inconvenienced by your noisy tenants. They have taken absolutely no notice of your warnings and you are therefore entitled to ask the Tribunal to cancel their lease. The Tribunal may then either grant you the cancellation immediately or order the tenants to stop the noise by a set date. Should they persist with the racket, the Tribunal will then cancel their lease at your request.

The tenant’s recourse

Let us imagine that the landlord has not settled the problem within the eight-day period you had given him to do so. The noise is just as unbearable as ever. You now send him a letter in which you give him a formal new deadline (e.g. a 10-day period) in which to act, failing which you will intervene through the Tribunal. Keep a copy of this formal notice and send the original by registered mail (with proof of receipt).

The 10-day period is over. The noise persists and you decide to take action.

In serious cases requiring intervention, you may ask for immediate cancellation of your lease.

You may also ask for a reduction in rent if the noise prevents you from fully enjoying your dwelling.

Finally, you may claim damages from your landlord unless he can prove to you that he has tried everything in his power to get his tenants to stop the abuse.