Ending month to month tenancy in BC, loss of quiet enjoyment
Hey folks,
I'm curious to get some advice on my situation.
Since January a guest of the tenant above us has been incredibly disruptive. It started during the day which we know there isnt much you can do, even if it seems unreasonable (ex: she vacuumed a 600 sqft apt on and off for 7 hours), but for the last two months she has been waking us up in the middle of the night. Numerous times this has happened at 4 am, and continues until 7 am.
I had many exchanges with the landlord via text (some he didn't respond to, others he did) as well as a phone call and we have decided to end our tenancy as he does not seem to be doing anything about the issue. Unfortunately, the timing didn't work out, and we had to give our notice for April 1st four days late. Instead of giving Feb 28th notice, we gave our notice on March 4th.
On March 2nd before giving notice we messaged our landlord asking if he would please agree to release us from our month to month lease. We have been here for 11 years and pay waaaaay under market rent ($1200 for a 1 bedroom with balcony). We thought he would be reasonable recognizing the fact if we move out, he can renovate this suite and charge up to $1000 more a month. He has denied our request for release.
I'm curious if we move out April 1st and do not pay rent that we technically owe for the month of April, if anyone believes we would have a chance at winning the RTB case he will likely try against us.
I do have proof of texts I sent the landlord complaining about the noise that he never responded to, and also proof of messages that this has been an ongoing issue. We also bought headphones, sound machines etc to attempt to be able to sleep so I don't know if that would factor in either.
Thanks in advance for your advice!
Posted Mar 6, 2026, 5:34 PM UTC