Can a tenant file a complaint against another tenant?

Every tenancy includes the tenant's covenant not to significantly interfere with the rights of the landlord or other tenants (s.21(b)). Breaking it is a substantial breach, and the landlord can give at least 14 days' notice or apply to court or the Residential Tenancy Dispute Resolution Service. A complaint about another tenant therefore goes to the landlord, and the landlord decides whether to act.

If the landlord disturbs your peaceful enjoyment, you can apply to the court or the Dispute Resolution Service for damages or rent abatement (s.37, s.54.2). The Act lets a tenant apply to the Dispute Resolution Service instead of the court for the same remedy.

The Residential Tenancy Act does not use the word noise. A tenant who significantly interferes with or unreasonably disturbs another occupant can be given a One Month Notice for cause. When a tenant complains about a disturbance, the Branch says the landlord must take steps to fix it, and a landlord can be held responsible for other tenants' actions if the landlord knew of the problem and did not take reasonable steps.

If the landlord does not act, you can apply to the Residential Tenancy Branch. It can order the landlord to comply, reduce rent, or order compensation. A tenant must not deduct rent for a breach of quiet enjoyment unless a director's order allows it.

A tenant must not unreasonably disturb the landlord, other tenants or neighbouring properties. A landlord who gets a complaint about a disturbance must look into it without delay and make a reasonable effort to fix it (s.67). The standard tenancy agreement also lists investigating complaints of disturbance as a landlord duty. The Manitoba Human Rights Commission adds that noise rules must not be used to exclude families.

If the landlord does not act, you can bring a complaint to the Residential Tenancies Branch. The Branch can order compliance, order the landlord to stop, order compensation, or let you fix the problem at the landlord's cost.

The Act gives tenants a right to freedom from unreasonable disturbance. The regulations say this includes disturbances created by the landlord, by another tenant of the landlord, or by a person the landlord or another tenant allows on the property. A tenant can enforce it against the landlord at the Office of Residential Tenancies. The landlord can also end a tenancy for cause if a tenant significantly interferes with or unreasonably disturbs others.

At a hearing a hearing officer can order the landlord to stop and comply, order rent to be paid to the director, or award damages.

The Residential Tenancies Act works through the landlord. A landlord can give a tenant notice of at least 20 days if the tenant, another occupant or a guest substantially interferes with the reasonable enjoyment of others, and the notice is void if the tenant stops within 7 days. Where the landlord lives in a building with no more than three units, the notice is 10 days and cannot be voided. We found no provision in our research that gives a tenant a direct application against another tenant, so you would raise the issue with the landlord.

If the landlord interferes with your enjoyment, or harasses, obstructs, coerces or threatens you, you can apply to the Landlord and Tenant Board within one year of the conduct. The Board can order the landlord to stop, abate rent, pay expenses or pay an administrative fine.

A tenant must behave, and require others there with their consent to behave, so as not to cause a disturbance or nuisance (s.4(1)(c)). The government lists addressing nuisance and disturbance issues as a landlord responsibility. If a tenant fails to comply, the landlord can serve a notice stating the complaint, and if the tenant still does not comply the landlord can go to the Tenant and Landlord Relations Office.

A tenant with a complaint about the landlord can file a Tenant Application for Assistance with that Office. The Act has no quiet enjoyment section, so a complaint about the landlord depends on the specific duty that was broken. An officer can order the landlord to comply.

Statutory condition 3 requires a tenant not to interfere with the landlord's or other tenants' possession or occupancy. A breach is a ground for a notice to quit, effective not earlier than 15 days after it is given. For significant interference or unreasonable disturbance, the landlord can also apply to the Director to end the tenancy. So the landlord, not the other tenant, is the one with the formal tools.

If the landlord breaches the lease or the Act, you can apply to the Director, who can order compliance, repairs, compensation, or payment of money, and can order rent to be paid in trust until the landlord performs.

A tenant, and anyone the tenant admits to the property, must not unreasonably interfere with the rights, quiet enjoyment and reasonable privacy of the landlord or other tenants (s.25). Significantly interfering with or unreasonably disturbing another occupant is a ground for a for-cause notice. Complaints about an animal that is a nuisance to other occupants are investigated by a public health official only after a written complaint signed by two or more occupants.

A tenant with a complaint about the landlord can apply to the Director, who can order compensation, a rent reduction, compensation for inconvenience, compliance and administrative penalties.

Statutory condition 7(a) bars a tenant from unreasonably interfering with the rights and reasonable privacy of the landlord or other tenants. A breach lets the landlord give notice with a move-out date not less than 5 days after service. The Residential Tenancies Office says a tenancy cannot be ended over noise that neither the landlord nor the tenant controls, such as nearby clubs or neighbours.

A complaint about the landlord is made to the director. The director can order compensation, compliance, compensation for inconvenience, and a ruling on whether a notice is valid. Any application must be made within one year after the tenancy ends.