Is another tenant in your building driving you crazy? Maybe they’re making too much noise, leaving garbage in the hallway, or throwing cigarette butts onto your balcony. Living next to people you don’t get along with can be challenging, but that doesn’t mean you have to suffer. Tenants have the right to peaceful enjoyment of their property. This means living in your home without being disturbed. Here’s what you can do if you have problems with another tenant.
Talk it out
The first step is to work things out with the other tenant. You can talk to them or write to them, politely explaining what’s bothering you. Sometimes, people don’t realize that their actions are causing problems.
There are helpful resources you can refer to when you decide to approach your neighbour. For example, CPLEA’s How to talk to your neighbour about odours and How to deal with a noise problem have applicable tips and steps, including sample complaint letters, to communicate your situation respectfully to another tenant.
Talk to your landlord or property manager
If talking to the other tenant doesn’t help, you should speak with your landlord or property manager. Under the Residential Tenancies Act (RTA), landlords must ensure tenants can enjoy their homes peacefully. If another tenant is disturbing you, it’s the landlord’s job to fix the situation. Here’s how you can help your landlord solve the problem:
- Talk to your landlord about their steps to address the issue.
- Write a formal complaint to your landlord or property manager.
- Keep a record of any incidents with the other tenant and share it with your landlord.
Most tenant problems can be fixed by talking things through or with the landlord’s help.
Nuances for condominiums
If you live in a condominium, you can also complain to your condo board or property management company about problems involving bylaws with another tenant or neighbour.
Under Alberta’s Condominium Property Act, condominium corporations must enforce bylaws and can impose fines or other penalties for breaches. The corporation can also fine or sanction other owners, tenants, and residents who break the bylaws.
Condominium boards also have the power to evict tenants in certain situations. For example, when a tenant breaks condominium bylaws or causes damage to the common property or any other property of the condominium corporation (other than normal wear and tear), they can be evicted.
Dangerous situations
If you feel like you’re in danger because of another tenant’s actions, don’t hesitate to ask for help. Let your landlord know in writing that you are worried about your safety. If another tenant threatens or harms you, report it to the police immediately. If the tenant has threatened or assaulted you, or someone else, the landlord can give that tenant a 24-hour notice to leave.
Consider other ways to resolve your dispute.
If you’ve already talked to another tenant about a problem, and that hasn’t helped, you can try a few other things:
- Contact your local municipality about complaint options if you think the tenant is breaking municipal bylaws.
- Try mediation, where a neutral party helps both sides find a solution. It’s usually less expensive and faster than going to court.
- You can initiate legal action, but it’s a good idea to talk to a lawyer first since legal proceedings can be expensive and stressful.
Consider your well-being
Problems with other tenants can be frustrating. Suppose you have exhausted all possible dispute resolution options for your situation. In that case, you might consider whether moving could be a better option for your well-being and peace of mind. It’s not an easy decision, but sometimes, a fresh start in a new place can make all the difference.
For more information on general landlord and tenant law matters, see “Laws for Landlords and Tenants in Alberta” at Home – Landlord and Tenant – CPLEA
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.