Question from Dr. Todd Lynes:
I am currently renting a high rise apartment (in Alberta) with 4 months remaining on a 12 month lease. Since inception of this lease, I have had several problems with excessive noise form the surrounding suites. I have made verbal complaints many times and it has temporarily fixed the
problem. However, it is getting out of hand and the landlord does not seem to take it too seriously. Do I have the option of breaking my lease and moving early without penalty due to this recurring problem, or am I stuck until the lease runs its course?
Answer By William Bronchick:
Without knowing Canadian law, I am at a bit of a handicap. However, I assume that Canada follows basic common law principles, such as "breach of quiet enjoyment." This legal principle states that every tenant has the right to peaceful enjoyment of the lease premises. The landlord's failure to control the surrounding tenants may be a violation of this right and a
breach of the lease. Once materially breached by the landlord, you have the right to discontinue your performance on the lease.
A word of advice: document the breach of peace in writing with police reports and certified letters to the landlord. If he sues you to enforce the lease, it is YOUR burden in court to prove he breached it first.
Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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