A New Westminster, B.C. Father and his son had been ordered out of their rented condo after neighbors complained the toddler was making too much noise.
Matt Astifan's three-year-old son
"He's so good and he listens so much. I am amazed at how good a kid he is," Matt told CTV News Tuesday.
So the father was surprised when many neighbors at his rented New Westminster condo made formal complaints that little Marcus too loud.
"He's not noise. The challenge is that the building is a wood-frame building," Matt said.
"You can hear Marcus walking around sometimes." He grabs a toy, chases a cat or drops a car. So of course there's noise – there was no noise in denial – but I keep it down to my best.
After three warnings, and a final eviction notice, Matt took his case to a Residential Tenancy Branch arbitrator.
"She sided with them completely on all counts," he said.
In the ruling released Monday, the arbitrator said "running noise is running, stomping and banging" and it "significantly interfered with or unreasonably disturbed another occupant."
The arbitrator found that the landlords "have made every reasonable attempt to resolve the issue … and the only option left … is to end the tenancy."
"She gave us 10 days' notice, so Jan. 31, we're supposed to be out," Matt said.
He believes evicting a family over a noisy child sets a terrible precedent.
"You can not police them point out there's no noise," he said.
Now he's looking at legal options and new apartments In the meantime, he's planning to put his possessions in storage and move in with his mother.