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Illegal Acts and Nuisance

Addressing Illegal Acts and Nuisance in Tenancies

Illegal acts and nuisance behaviour in a rental property affect the quality of life of other occupants and the value of the property to the landlord. These applications carry a higher evidentiary burden than most, and they need to be built carefully.

For landlords, we assist in taking action where a tenant is engaged in illegal activity or is creating a nuisance, guiding you through the notices required, the application to the Landlord and Tenant Board, and representation at the hearing.

For tenants, we act where a landlord or another occupant is creating a nuisance or engaging in conduct that interferes with your reasonable enjoyment of the unit.

These matters are often the most contentious in residential tenancy law, and they are handled with care for everyone involved.

Common Questions

Frequently Asked Questions

What constitutes an illegal act in a rental property?

Illegal acts in a rental property can include drug production or trafficking, illegal gambling, or other criminal activity. These can be grounds for eviction where they occur on the rental property and affect the rights, safety, or security of other tenants.

Can a landlord evict a tenant for creating a nuisance?

Yes, a landlord can seek to end a tenancy where a tenant is creating a nuisance, such as consistently disturbing other tenants, causing excessive noise, or behaving in a way that affects the safety and comfort of others. Proper notice and procedure must be followed for the application to succeed.

What should I do if my neighbour is engaging in illegal activities?

Report it to the landlord and, if necessary, to the local authorities. The landlord can then take steps to address the issue, which may include an application to end the tenancy if the conduct breaches the tenancy agreement or the law.

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The initial assessment is free. Fixed-fee options are available where the matter allows.

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