Can You Evict a Tenant for Noise in Ontario?

Yes, you can evict a tenant for noise in Ontario, but the process requires careful documentation and compliance with the Residential Tenancies Act, 2006 (RTA). Noise falls under the category of "interference with reasonable enjoyment" under section 64 of the RTA. Here is how the process works and what you need to prove.

What Counts as Noise That Justifies Eviction?

Not every noise complaint warrants eviction. The LTB distinguishes between normal living sounds and unreasonable interference. Examples of noise the LTB has considered grounds for eviction include:

• Loud music or parties at unreasonable hours (especially late at night or early morning)
• Persistent screaming, yelling, or verbal altercations
• Slamming doors, stomping, or banging that goes beyond normal living activity
• Operating loud equipment or machinery in the unit
• Dog barking or other persistent animal noise

The key legal standard is whether the noise substantially interferes with the reasonable enjoyment of other tenants or the landlord. A one-time incident is unlikely to support an eviction. The LTB looks for a pattern of behaviour.

The N5 Notice for Noise Complaints

The correct form for noise-based evictions is the N5 Notice to End a Tenancy for Interfering with Others. This notice falls under section 64 of the RTA.

First N5 Notice

The first N5 gives the tenant 20 days to stop the behaviour. However, there is a 7-day voiding period built in. If the tenant stops the noise within 7 days of receiving the notice, the N5 is voided and you cannot file an eviction application based on it.

Second N5 Notice

If the tenant resumes the noise after the first N5 (whether voided or not), you can serve a second N5 within 6 months. The second N5 has a 14-day termination period and cannot be voided by the tenant. Once the termination date passes, you can file an L2 Application with the LTB.

Filing the L2 Application

After the second N5 termination date passes, file an L2 Application with the Landlord and Tenant Board. You will need:

• Copies of both N5 notices
• Certificates of Service for each notice
• Documentation of the noise complaints (dates, times, descriptions)
• Witness statements from affected tenants or neighbours
• Any other evidence (police reports, bylaw officer reports, recordings)

What Evidence Do You Need?

The LTB requires more than just your word. Strong evidence for a noise-based eviction includes:

• Written complaints from other tenants with specific dates and times
• A noise log kept by you or affected tenants documenting each incident
• Audio or video recordings (if lawfully obtained)
• Municipal bylaw complaints or noise citations
• Police reports from noise-related calls
• Written warnings you have previously sent to the tenant

The more documentation you have, the stronger your case. The LTB will weigh the evidence from both sides and consider whether the noise is truly beyond what is reasonable in a residential setting.

What If the Tenant Disputes the Noise Claims?

Tenants have the right to contest eviction at the LTB hearing. Common defences include:

• The noise was normal living activity (cooking, walking, talking at normal volume)
• The building has poor soundproofing, not excessive noise
• The complaints are retaliatory or exaggerated
• The tenant has a disability that contributes to the noise (requiring accommodation under the Ontario Human Rights Code)

Be prepared to address these arguments with specific, documented evidence.

Tips for Landlords Dealing With Noisy Tenants

1. Document everything: Start a written record the first time you receive a complaint
2. Send written warnings first: This shows the LTB you tried to resolve the issue informally
3. Contact municipal bylaw enforcement: A bylaw officer's report carries significant weight at the LTB
4. Serve the first N5 promptly: Don't wait months — the LTB may question why you delayed
5. Work with professionals: An experienced eviction service can ensure your notices and documentation meet LTB standards

Landlords in Toronto and across Ontario face noise complaints regularly, particularly in multi-unit buildings. The key is acting quickly and building a strong evidentiary record.