OHI | Can My Landlord? · Ontario rental question #20
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Last verified: September 15, 2026
Quick answer: A noise complaint does not automatically evict a tenant. Serious or repeated noise that substantially interferes with another person’s reasonable enjoyment may justify an N5 notice and an LTB application. The landlord must prove the case, follow the correct procedure, and obtain an eviction order before a tenant can be removed.
Section 64 of the RTA permits a landlord to give notice where a tenant, another occupant or a person the tenant permits in the complex substantially interferes with another tenant’s or the landlord’s reasonable enjoyment or with a lawful right, privilege or interest.
The usual first N5 notice includes an opportunity to correct the behaviour. Different rules can apply to a second N5 within the statutory period. The current form and instructions should always be checked before action is taken.
Does one complaint prove excessive noise?
No. A complaint is evidence that an issue was reported, but the LTB considers reliability, frequency, duration, time, severity and impact. Ordinary living noise is not automatically substantial interference.
What evidence matters?
Detailed incident logs, contemporaneous messages, witness testimony, bylaw records and appropriately collected recordings may help. Vague statements such as “always loud” are less useful than specific dates, times, duration and effects.
Can the landlord personally evict the tenant?
No. An N5 is a notice, not an eviction order. If the matter proceeds, the landlord must apply to the LTB. Only the authorized enforcement process can carry out an eviction.
What should a tenant do?
- Take a complaint seriously and ask for specific dates, times and the nature of the problem.
- Reduce avoidable noise promptly and document steps taken.
- Keep records if complaints are mistaken, retaliatory or relate to ordinary living activities.
- Read any N5 and its deadline carefully; obtain legal advice promptly.
What should a landlord do?
- Investigate neutrally and obtain specific evidence from affected people.
- Communicate expectations before escalation where appropriate.
- Distinguish ordinary living noise from substantial interference and consider human-rights accommodation duties.
- Use the correct current N5 and LTB procedure; never use threats, lockouts or utility interruption.
Example
A single report of footsteps at 7 p.m. may be ordinary living noise. Repeated amplified music throughout the night, supported by detailed logs and witnesses, may support a formal response.
Related OHI guides and tools
Official Ontario sources
- Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms, instructions and filing information
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Some rentals are exempt from all or part of the RTA. The outcome of a dispute depends on the facts and evidence. Rules and forms can change; verify current information with Tribunals Ontario or obtain advice from a licensed Ontario legal professional.