Calgary family forced to look for new apartment after complaints about crying baby

22 May 2018 | Canada
Calgary family forced to look for new apartment after complaints about crying baby

Mukesh Khanal says he's being forced to find a new apartment because his sick daughter had been crying at night, triggering complaints from a downstairs tenant.

Khanal received an email from his landlord on May 14 about "ongoing issues with regards to noise at night."

He wrote back to explain that his daughter had been very sick and had been up at night crying. 

Less than an hour later, he was informed via email their lease would not be renewed. 

"Your child has been ill and is keeping the basement tenant awake at night and it has gone on for several nights.... At this point, as this has been an ongoing issue, we will not be renewing your lease at the end of June 2018. Obviously you and your family would do much better in a whole house as opposed to shared accommodations," wrote Amy Stewart with Savard Properties.

The next day, a notice was taped to their front door saying they would have to be out by noon on June 30. 

"We've been good tenants, paid our bills on time, never created any problems.... I don't think it's fair for the company to ask us to move out just because a two-year-old cries," said Khanal.

Khanal noted there was one other noise complaint that he received from the landlord last December.

In a separate email response to Khanal, who stated he was being kicked out, Stewart wrote:

"We are not 'kicking you out' at all, we are not renewing your lease. This is absolutely an ongoing issue. I have all the correspondence. This is obviously not a good fit and it would be better for you to live in a peaceful place."

Stewart added: 

"As you stated in your email, you are exhausted because you haven't been sleeping, just like the basement tenant has said. You have explained the situation very clearly."

A statement from Savard Properties to CBC News simply said:  "It's the end of the lease and we're not renewing the lease."

Khanal, who is a policy researcher with the University of Calgary's school of public policy, signed a one-year lease to rent the main floor of the home in Martindale.

Khanal, his wife, Sushila, and their daughter, Prakriya, moved in July 1, 2017. The downstairs tenant moved in a few months later. Prakriya is now two years old.  

The family had been away on a trip and when they returned the toddler was not well. She had been sick for about a week and was up at night fussing and crying, according to her father. cbc