Goodwin v. 3150018 Nova Scotia Ltd.

Goodwin v. 3150018 Nova Scotia Ltd.

Landlord failed to prove harassment or threats; tenant paid January arrears within the 15-day cure period under s.10(6A) and other late payments were minor; posting of the 'Late Rents-No Rent' sign breached Statutory Condition 3 by disclosing confidential tenant information; therefore the Director's eviction order was set aside, the eviction was lifted, tenant must pay April 2017 rent by the specified cure deadline, and tenant is not liable for May 2017 rent under the rental incentive.

Citation
2017 NSSM 18
Parties
Appellant/tenant: Tyrone Goodwin; Respondent/landlord: 3150018 Nova Scotia Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 May 2017
Procedural Posture
Residential Tenancies Appeal (de Novo) / Hearing and Decision by Small Claims Court Adjudicator on Appeal From Residential Tenancies Officer
Outcome
Appeal allowed; Order of the Director dated March 21, 2017 set aside; eviction lifted and tenancy continues until May 31, 2017.
Legal Topics
Notice to Quit, Good Behaviour (statutory Condition 3), Rental Incentive, Security Deposit, Costs, Harassment/threats
Source Language
English
Residential Tenancies Landlord and Tenant Eviction Contract Notice to Quit Good Behaviour (statutory Condition 3) Rental Incentive Security Deposit +2 more

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Parties

Tyrone Goodwin

Appellant/tenant

3150018 Nova Scotia Limited

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal (de Novo) / Hearing and Decision by Small Claims Court Adjudicator on Appeal From Residential Tenancies Officer

Legal Issues

  1. 1 Whether tenant harassed or threatened landlord in breach of Statutory Condition 3
  2. 2 Whether arrears justified termination/eviction under s.10(6) and s.10(6A) of the Residential Tenancies Act
  3. 3 Whether tenant satisfied conditions for rental incentive for May 2017

Ratio Decidendi

Landlord failed to prove harassment or threats; tenant paid January arrears within the 15-day cure period under s.10(6A) and other late payments were minor; posting of the 'Late Rents-No Rent' sign breached Statutory Condition 3 by disclosing confidential tenant information; therefore the Director's eviction order was set aside, the eviction was lifted, tenant must pay April 2017 rent by the specified cure deadline, and tenant is not liable for May 2017 rent under the rental incentive.

Court Disposition

Appeal allowed; Order of the Director dated March 21, 2017 set aside; eviction lifted and tenancy continues until May 31, 2017.

Orders

  • Dismiss any claim against Ann Organ in her personal capacity; title amended to show 3150018 Nova Scotia Limited as landlord.
  • Tenancy terminates on May 31, 2017 at 11:59 pm; tenant must vacate by that time or earlier if parties agree.