Can you please tell me if a condominium (townhouse style) is considered a Residential Complex in the RTA? I’m trying to determine if noise complaints from neighbours in the condo community or complaints from by-law officers can be cause for eviction?

The definition of “residential complex” in the RTA can be found in section 2: “residential complex” means, (a) a building or related group of buildings in which one or more rental units are located, (b) a mobile home park or land lease community, (c) a site that is a rental unit, (d) a care home, and, includes all common areas and services and facilities available for the use of its residents. When it comes to eviction, a landlord has grounds to issue a notice of early termination (Form N5) to a tenant who is interfering with the reasonable enjoyment of his/her other tenants in the rental residential complex. The obligation of the landlord is to ensure that his tenants have reasonable enjoyment of the premises; there is no obligation towards the neighbours. However, if the problems are such that the City becomes involved and you’re receiving complaints from neighbours and/or the condominium corporation, there may still be grounds to serve the Form N5 on the reasons that the tenant is interfering with the landlord’s lawful right or interest.

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