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Questions about nonstop apartment construction in a rental unit in Toronto.?
We have been living in a rental unit for the past 8 months. This is the typical 4 small units, over a storefront. The store downstairs was empty when we moved in, so we assumed there would be some level of noise.
Since we moved in the landlord has renovated (literally stripped to the studs) the large commercial space downstairs, the apartment down the hall, and this week she decided to reno the place that we share a wall with, apartment right next door.
So of those 8 months, 6 have been in construction. Loud yes, but now with her stripping the unit right next to us (shared wall) we are in dust hell, piles of dust are coming in our door every day, and no amount of cleaning will stop it.
What are our rights here, according to Toronto rental laws I mean, somebody told me about some bylaw where the landlord cannot infringe on your peace and quiet, within reason anyway.
Anyone have a similar experience? Who do we even call, there is nothing done to safeguard the other residents here. No plastic tenting, no fans, they are literally carrying garbage bins of 100+ year old plaster down the hallways, the place is now filthy.
Thanks for the info, I really just want to get informed and see where I stand legally, I don't know what we are going to do, wait it out I suppose. She has now run out of units to reno, they have all been done now.
8 Answers
- Karen LLv 78 years agoFavorite Answer
Ontario has a landlord/tenant agency, called the Landlord and Tenant Board. I'd start there. Every tenant ought to be aware of what it says, anyway. Here's a page from it that has a section dealing with if a landlord has "interfered with reasonable enjoyment" of the rented premises. http://www.ltb.gov.on.ca/en/STEL02_111281.html Click on the links and read until you find a section entitled "Interference resulting from maintenance, repairs or capital improvements"
Keep in mind, however, that while your landlord might be obliged to do something about the dust getting into your place, she probably does have the right to do renovations/ repairs etc as is necessary or as she sees fit, as long as that work is done in a legal manner. If there is that much work going on, there is little she or anyone else can do about the noise. The only thing she could have done about that is tell you ahead of time. Would you have stayed if you had known? Or perhaps she could have evicted you on the basis that your apartment would not be in a habitable condition due to the construction in the rest of the building. Maybe she couldn't have done that. Eviction on that basis usually applies only to the unit that is actually under construction unless perhaps the water and power are going to be shut off to the whole building; would it have been better to be evicted on that basis than to live with the construction?
- Anonymous4 years ago
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- Dogpile344Lv 58 years ago
Two good answers already. I would add that you can apply to the Landlord & Tenant Board for an abatement of rent or early termination of your lease.
You should also look around to see if there is a building permit posted where it is visible from outside the building. If not, you could call 311 and tell them that it appears building is going on without a permit. This should result in a visit from a building inspector who will likely shut them down until they get a permit.
Source(s): I'm an Ontario landlord. - Toke LoverLv 78 years ago
additional tips:
great answers, but:
many municipalities have bylaws as well governing construction noise, etc. These bylaws are not tenant specific, but city specific.
You can also contact you city hall to ensure they are complying with all bylaws & building permit regulations.
- ?Lv 78 years ago
Three good answers already. Looks to me like this isn't going to go away anytime soon.
Think about moving.