If a tenant is making your living space in livable what is ther I can do. Oshawa Ontario. I rent .... an there's another

Hello. My name is ***** ***** I'm happy to assist you today. I am a licensed Ontario lawyer who can answer tenancy questions.

Can you tell me more about your situation with this other tenant ?

So is this woman, your co tenant ? Do you both live in and renting the same house ?

What is this co tenant saying you and your family are doing to her ? What happened when the police were called ?

Has your landlord been involved in trying to mediate our dispute with her ?

In these types of situations, you have to speak to the landlord and have him or her put in a greater effort to deal with this other's tenants concerns especially if she is taking photos or videos of your family otherwise you can tell him you can file a T2 Application of Tenants Rights to the Landlord and Tenant Board if the situation continues to escalate.

In that application, you claim that because of the landlord's inaction, another tenant has been allowed to "substantially interfere with your reasonable enjoyment" of your rented unit. You need to provide proof of what has been happening.

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You will usually get a hearing date approximately 3-4 weeks after you file the application. However, current processing times may be longer due to Covid-19 so I would check with the Landlord and Tenant Board in Oshawa to get the most up to date times.

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Hello - I am happy to assist you with any follow up questions .

Usually, on the N5, the tenant is given 7 days to improve or correct the alleged behaviour. Since she has not, and it is getting worse, your landlord can now take the next step and file an application to evict those tenants.

Eviction hearings are currently not being heard because of COVID 19 but if you can demonstrate ongoing serious health and safety issue, they will still schedule hearing. If you can establish with your landlord that you feel unsafe and that the situation will escalate, he may agree to proceed with an eviction application.

I would suggest continuing to carefully documenting all of her actions and the dates they occurred to support your landlord if he does this.

I am sorry to hear that it is so bad and I understand your frustration. Yes we can make a claim to the Ontario Human Rights Commission. Here is a helpful link from the OHRC which has the phone number of the Commission as well as the Human Rights Legal Support Centre which you should call first because they can explain the whole process and help you complete the application.

Realistically, you should file a complaint because what they are doing is racial harassment but these complaints take a while to process.

My suggestion is that if the landlord is on your side, going to the Landlord and Tenant board will be faster. In order to succeed, your landlord has to see that these tenants will be a problem in the long run and getting rid of them sooner rather than later is better so that your landlord is not seen condoning this behaviour.

http://www.ohrc.on.ca/en/racial-harassment-know-your-rights-brochure

You are very welcome. Take care.

Good evening. Sure - What did you want to ask ?

I am so sorry to hear that

If this tenant's behaviour did not improve after she received the N5, after 7 days, your landlord has to file an L2 - Application to End the Tenancy and Evict Tenant.

I would continue to pressure your landlord to file the L2 first. Tell him if he does not do this, you will file a T2 application and ask for a rent abatement because of the mental stress caused by this tenant's behaviour. You can tell your landlord how to file the L2 and that you can provide supporting evidence for this claim.

If he continues to refuse to do anything, then you will have to file the T2

Here is the link from the Board's website for the T2 form and instructions on how to complete it

http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2.pdf

The N5 form states that tenant has 7 days to correct the behaviour after which the landlord can apply to evict the tenant. Here is a link to the actual form for your reference

http://www.sjto.gov.on.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N5.pdf

The landlord can give her another one if he want so give her a longer period of time but he only has to give her one then he can apply for an eviction

It know it is very hard living with someone like this. I would suggest that you just file the T2 now and not wait for your landlord to take action so that your matter can be heard by the Board as soon as possible. Meanwhile, I would suggest preparing a log of everything that has happened between you and this tenant and any evidence you wish to present at the hearing.

She cannot take it down if it is not invading her privacy. If she has a problem with this camera, she can ask the Board to make a order about this camera by providing evidence to the Board's satisfaction that it is substantially interfering with her reasonable enjoyment of her rental unit.