Evicting tenants living above me!

[Paul Kuegle]

I bought a duplex & moved into the bottom unit May 1st. I have had tenants living there since April 1st & I've had 3 major noise incidents happen in the last 30 days. All 3 incidents the tenants where yelling at each other & fighting (sounds like it might of got physical with the loud bangs I heard) for 10-15 each time. It was not a normal couple argument, it was the kind where you feel scared & unsafe. I live her with my wife & 2 daughters 3 & 7 months. Nobody needs to hear this especially the kids. My wife was in tears because it was so disturbing to listen to. After the second incident I gave them a warning letter stating that if they don't stop the excessive noise, swearing & yelling I will be calling the police & evicting them. They said it will never happen again & they where super quite for only 1 week. Today I came home & they where at it again yelling at each other & their window was open and all the neighbours where outside listening & asking each other if they should call the police. I called the police & they dealt with the situation. Now I have to follow through with the eviction & I'm very nervous because it's only my 2nd rental & 1st eviction. Just wondering if anyone has any suggestions or words of encouragement? Thanks!

[Roy N.]

@Paul Kuegle

@Thomas S. is spot on, every province has their own "features" of their tenancy act. Read and understand the Manitoba Tenancy Act.  In our limited experience in Manitoba (inherited property), the tenancy act is more balanced than in provinces such as Ontario and Nova Scotia.

A few things to note in particular:

• In Manitoba leases do not necessarily renew or convert to a periodic monthly lease on termination of lease period.  It's important to know how your lease was written.
• In Manitoba, domestic violence is a reason for termination of a lease - but I believe only the tenant (victim) may invoke this clause of the act.
• The tenant still has the duty not to disturb (Section 73) or endanger (Section 74) others in the building.  Violation of these duties can be grounds for termination (Section 96).  

In this light, you, or your wife, probably should be calling the police when these incidents occur upstairs as you can reference these in any notices served.