Its a good read, if you have the time. I copied a few choice sections at the bottom of this blog entry for your convenience. Items of interest, so to speak.
It seems that the Landlord is obligated to investigate complaints about their tenant(s). They must "make a reasonable effort to remedy the situation". Thats a very subjective statement in a legal tenancy act. What is considered a reasonable effort? Who determines that a reasonable effort was made? How reasonable was the effort? How accountable is the landlord to prove that it was a reasonable effort? What if the neighbours do not agree in the reasonableness of the effort? Do we make another complaint? Do we wait and see how reasonable the next effort is to remedy the situation? Is there a limit to the number of reasonable efforts the landlord can and should make to remedy the situation? Who counts the number of efforts the landlord makes in trying to remedy the situation? Then there is the clause that states a landlord cannot evict if there is a school age child attending school currently.
I just want to sleep at night. I just don't want to hear loud swearing and threats all night. I just want a back yard that is not so full of wasps from the apples down the lane that I can actually stay outside for any period of time. I just want to get rid of the mice in my house now that the landlord did house cleaning at the party house. I just want to be included somewhere in the Residential Tenancies Act with some sort of rights.".
67 If a person informs the landlord that a contravention of an obligation imposed by section 73 (tenant's duty not to disturb others) or 74 (tenant's duty not to impair others' safety) has occurred or is likely to occur, the landlord shall without delay enquire into the complaint and make a reasonable effort to remedy the situation.
70 A tenant shall maintain ordinary health, cleanliness and sanitation standards in the rental unit and the residential complex.
73 A tenant shall not unreasonably disturb, or allow another person the tenant permits in the residential complex to unreasonably disturb,
(a) the enjoyment for all usual purposes of the residential complex or any other rental unit by the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons;
(b) the enjoyment of adjacent property for all usual purposes by occupants of that property.
74 A tenant or a person the tenant permits in the residential complex shall not by act or omission impair the safety or other lawful right or interest of the landlord, another tenant or occupant of the residential complex, or a person permitted in the residential complex by any of those persons.
94(1) When a tenant resides with a child in a rental unit that is conveniently accessible to a school, the landlord shall not terminate the tenancy during the school year unless the child is no longer attending a school to which the rental unit is conveniently accessible.
96(1) A landlord may give the tenant a notice of termination if
(a) the tenant contravenes or fails to comply with any of the following provisions of this Act:
(i) repealed, S.M. 1993, c. 45, s. 27,
(ii) subsection 53(2) (change of locks or doors: rental unit),
(iii) subsection 53(3) (change of locks or doors: residential complex),
(iv) section 70 (obligation to keep unit clean),
(v) subsection 72(1) (obligation to take care and repair damage),
(vi) section 73 (duty not to disturb others),
(vii) section 74 (impairment of safety by tenant),
(viii) section 76 (overcrowding),
(ix) section 78 (no misrepresentation of premises), or
(x) subsection 42(1) (assign or sublet without consent),
and the tenant fails to remedy the contravention within a reasonable time after receiving written notice to do so by the landlord;
(b) the tenant breaches a material term of the tenancy agreement and fails to remedy the breach within a reasonable time after receiving written notice to do so by the landlord; or
(c) the tenant,
(i) other than a tenant referred to in subclause (ii), fails to comply, within a reasonable time after having received written notice to do so from the landlord, with a rule as required by subsection 11(2) and the observance of the rule is essential to the reasonable operation of the residential complex, or
(ii) who is a tenant in a unit under The Condominium Act, fails to comply, within a reasonable time after having received written notice to do so from the landlord, with the declaration, by-laws or rules under The Condominium Act.
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