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View Full Version : neighbor keep accusing our unit for making LOUD noises! need HELP!



pearl3
05-15-2011, 06:36 AM
Hi everyone,

Rencently, me and my girlfriend moved into an apartment in hamilton. The second day our tenant came to our apartment and asked us if we were making loud noises. We were told that our neighbor was upset with the noises, later on i apologized to the gentlemen and discontinued immediately.

After a month later, our neighbor came knock on our door again and said he heard a lot of "banging":bang noise from our apartment. I was really upset this time because i got accused for washing dishes at 9:00 pm at night. Well, we again discontinued washing our dishes then quickly went to sleep but which i couldn't do so because of this nonsense accusation.:loco

Two weeks later, our superintendent came to our apartment again and asked if we keep "banging" the wall and "draging" our furniture in the midnight?:loco He even came in our apartment to shake our table, sofa, and the stand lamp to tested if it was where noise came from. As of this time, it starts getting me mad because of these wongly accusation again and again!:whoa But as in repect, i've later moved out table, sofa, and the stand lamp that was against the wall. I thought this would help me to solve the annoying problem accused by our neightbor.

Finally this week, we got a letter of "Notice of Termination" stating that we are reported by our neighbor that we kept "banging":bang on the wall and "draging" our furniture in the midnight. The notice also addressed that we allowing people living across us came in and out of our unit to make noise; often until very late:(, but this is getting ridiculous since we just moved in not too long ago and we don't even know anyone living at our floor.

After we recieved this notice, we then wrote a letter asking other neighbors if they heard any noise that was made from our unit. I ask if they can sign a petition for us if they agree that they have never been hearing any noises made from us. The result of the petition were fully signed by every unit from our floor except the neightbor that were accusing us.

The question is what do you guys think i should do to stop him harrassing us and i've never been in such a situation before. I couldn't be more upset:( now, since i think our neighbor is more likely harrassing us than more of just a simple complaint.:complain Should i file any false charges claimed or should find a lawyer to sue him for wongly accusing us?

Everyone is welcome to leave your valuable comment. Thank you for your patience.

Pearl3

Cab0oze
05-15-2011, 08:03 AM
I'm no expert, but call the onatrio tenants board.... actually i take that back, after searching, from ontariotenants.ca:

FAQ


Q19: If the landlord or their employee(s) are harassing or threatening me, what should I do?

A19: You should immediately contact the Investigation and Enforcement Unit (IEU) of the Ministry of Municipal Affairs and Housing (it is separate from the Landlord and Tenant Board) at 1-888-772-9277 or 416-585-7214, your lawyer or community legal clinic.

I'd do this as soon as possible, if you already got a notice of termination...

Good luck!! I've had problems with almost every one of my last landlords, so i know how stressfull it can be. Our last landlord kept breaking in and stealing our stuff :@

SonicBoy
05-15-2011, 08:25 AM
Wow that is a wack situation. Perhaps the neighbour has some mental problems.

How about contacting the super and letting him know you will be out of your unit for the weekend and see if the report continues for the period you are not in the unit. I know a inconvenience to you however it might prove it is not you.

Dan Da Man
05-15-2011, 09:38 AM
You should be writing down dates and times when these incidents take place. and write what you were actually doing when the complaint came in. Looks good if your ever questioned about it and maybe your landlord will start taking your side.

Default User
05-15-2011, 10:29 AM
WTF is wrong with doing dishes at 9pm? Perhaps your landlord needs to thicken the insulation between the units.

eguiyab
05-15-2011, 10:46 AM
Move the headboard away from the wall ..... LOL

No in all seriousness, maybe the next time your neighbor hears a noise he should call another person in to listen. Its quite possible the noise isn't really coming from your unit, and he may be mistaking it. Also as someone mentioned, write down what you were really doing just so you have back up.

Timotee
05-15-2011, 10:56 AM
Move the headboard away from the wall ..... LOL

No in all seriousness, maybe the next time your neighbor hears a noise he should call another person in to listen. Its quite possible the noise isn't really coming from your unit, and he may be mistaking it. Also as someone mentioned, write down what you were really doing just so you have back up.

+1

Better yet, call the superintendent as well. Rental properties have on-call superintendents anyway and they should be able to respond soonest, given of course they are not busy with anything at that time.

From what I know, notice of terminations are given after a definite cause has been proven. In your case, was there any hearing or meeting of some sort with the property management? If you feel that you are being wrongfully accused, do consult your lawyer about this in order for you to undertake the necessary.

pearl3
05-15-2011, 02:24 PM
Update: i just find out that one of our neighbor live beside this anygry unit has been acused by this guy several times from last year. He told he has already been through this annoying situation for wrongly accused, and he wish me luck on this.

Flagrum_3
05-15-2011, 02:33 PM
I'd do what Cab0oze suggested above, like ASAP.I also dont think they can give you an eviction notice right off, they must give you several warnings in writing before-hand or proof of such, or they have no case...They can't just go by hearsay from a neighbor.

_3

pearl3
05-15-2011, 02:52 PM
I'd do what Cab0oze suggested above, like ASAP.I also dont think they can give you an eviction notice right off, they must give you several warnings in writing before-hand or proof of such, or they have no case...They can't just go by hearsay from a neighbor.

_3

This is a first "notice of ternmination" saying that we must either agree and correct the problem within 7 days. If not, a second "notice of ternmination" will be issued and we must move out. By the way, they never discuss anything with us and the only thing was the superintendent came in once to tested if our furniture was moving or baning.

As i was pretty shocked after seeing the notice and i have already moved the furniture that were against the wall, not even washing my dishes after 9:00pm. This guy just seem to get along with chinese people or something and everything just doesn't satisfied him.

I still got to wait until Monday when they start working, and so im planning to talk to the property manager about this situation. Later on, i should find a lawyer to ask about what i can do.

MPS
05-15-2011, 03:20 PM
i say just move out
this BS will never stop
and the next person to move in ur place will have same BS to deal with
you got ur self a crazy person

mazdabetty
05-15-2011, 05:03 PM
Shitty situation...

I wouldn't necessarily consider this "harassment", they're just giving you a hard time. I'm pretty sure there's a noise law that is enforced after 11pm, so unless you're playing loud music or having a domestic with your woman, there isn't much they can do to you legally. If it was that easy, I would have had my snoring neighbour who keeps me up till 4am every night evicted loooong ago ;)

As far as suing them goes? No. lol. You have nothing, sorry. Until they begin to get physical with you or start damaging your property, you have no grounds to sue them.

My landlord has been giving me a hard time as well lately so I've been doing a bit of research on the landlord tenant board myself. You have more rights than you think, it's pretty hard to get evicted from what I hear.

Check out this FAQ:
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111232.html

And check out what you can actually (legally) be evicted for here:
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111483.html

You're probably better off just calling them and talking to someone directly about what your rights are. Otherwise, I agree and say move out if possible to avoid stressing yourself out over these crazy people :P