Quiet Enjoyment Case Law in Ontario: Tenant Victories Explained

Many tenants in Ontario wonder what options they have when their right to "quiet enjoyment" is disturbed. This right protects your ability to use your home peacefully and without unnecessary interference. Here, we break down what quiet enjoyment means, summarize important Ontario tenant victories, and guide you through what to do if your own rights are being ignored.

What Does "Quiet Enjoyment" Mean for Ontario Tenants?

In Ontario, all tenants are legally entitled to quiet enjoyment under the Residential Tenancies Act, 2006. This means you can live in your rental home free from illegal disturbances by your landlord, their workers, or neighbours in most cases.

  • Freedom from unreasonable noise or entry
  • Privacy and respect in your home
  • No harassment, threats, or interference with typical activities

Landlords do have rights to enter under specific conditions, but must give proper written notice and follow the law.

Important Ontario Case Law: Tenants Win on Quiet Enjoyment

Over the years, Ontario's Landlord and Tenant Board (LTB) has recognized and enforced the right to quiet enjoyment through several key decisions.

Illustrative Cases Where Tenants Won

  • Persistent Unlawful Entry: In multiple LTB rulings, tenants were awarded rent abatements when landlords entered their units without proper notice or consent. For example, in one case, a landlord entered a tenant's suite several times without 24-hour written notice for non-urgent reasons. The Board found this a breach and reduced the tenant's rent as compensation.
  • Harassment or Intimidation: Where landlords or their representatives harassed tenants (through repeated unnecessary visits, yelling, or threatening behaviour), tenants were awarded damages and, in some cases, rent abatements.
  • Excessive Noise Unaddressed: If a landlord ignored ongoing, serious noise complaints (e.g., from neighbouring tenants or construction) and failed to take reasonable steps to resolve them, the Board has ruled in favour of the affected tenant.
If you believe your landlord has breached your right to quiet enjoyment, start documenting incidents and communicate your concerns in writing. Evidence is crucial in any Board application.

How to Enforce Your Right: Practical Steps for Tenants

If your rights are disrupted, there are clear steps you can take using official channels in Ontario.

Step 1: Document Everything

  • Keep a written log of disturbances, entries, or harassment
  • Save emails, texts, and letters sent to your landlord about the issue
  • Record dates, times, and specific impacts on your home life

Step 2: Notify Your Landlord in Writing

  • Clearly explain how your quiet enjoyment is being interfered with
  • Request a reasonable resolution and give a fair deadline

Step 3: File an Official Complaint (LTB Form T2)

If issues persist, you can apply to the Landlord and Tenant Board using LTB Form T2: Application About Tenant Rights. Use this when:

  • A landlord has entered illegally, harassed, or refused to solve serious problems
  • Your right to privacy and comfort have not been respected

Download LTB Form T2 from the Ontario Tribunals official site. Complete the form with evidence, attach logs or messages, and pay the required fee. The Board will schedule a hearing where you and your landlord can present your cases.

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Tenants who win at the Board may receive:

  • Rent abatements for the affected period
  • Orders for the landlord to stop the offending behaviour
  • Compensation for out-of-pocket losses or stress

These decisions set important precedents and support your rights under the law.

Understanding Your Rights and Responsibilities

Knowing your responsibilities as well as your rights helps prevent misunderstandings. For a full explanation, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained. If quiet enjoyment disputes involve unresolved maintenance or repairs, check out Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

For an overview of your rights in Ontario, visit Tenant Rights in Ontario.

FAQ: Quiet Enjoyment and Legal Protections

  1. What exactly does "quiet enjoyment" mean under Ontario law?
    It means you have the right to undisturbed, peaceful use of your rental—free from unlawful entry, harassment, or unreasonable disturbances by your landlord or others under their control.
  2. What should I do if my landlord keeps entering without proper notice?
    Document every entry, notify your landlord in writing that this is unlawful, and if it continues, consider filing an LTB Form T2 application.
  3. Can excessive noise from neighbours be a breach of my quiet enjoyment?
    Yes, if the noise is persistent and your landlord fails to address your complaints, you may have a case for breach of quiet enjoyment.
  4. Do I risk eviction if I complain to the Landlord and Tenant Board?
    No. Ontario law protects tenants from reprisals or eviction for asserting their legal rights, including filing complaints to the Board.
  5. Where can I find more rental homes or get up-to-date rental information?
    You can Find rental homes across Canada on Houseme or browse the latest rental listings in your city.

Key Takeaways for Ontario Tenants

  • Your right to quiet enjoyment is protected by law and by legal precedents.
  • Always document issues and communicate in writing with your landlord.
  • If your rights are breached, use official forms like the LTB Form T2 and seek support when needed.

Staying informed helps ensure a smoother, fairer rental experience for everyone.

Need Help? Resources for Tenants


  1. Residential Tenancies Act, 2006 (Ontario)
  2. Landlord and Tenant Board Ontario (LTB)
  3. LTB Forms & Applications
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Canada

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.