Tsmiklis v. Drohan

Tsmiklis v. Drohan

Despite clerical irregularities on the notice forms, the Landlord clearly intended and communicated a three-month notice served in late October 2009 such that the Tenant knew or ought to have known; accordingly the tenancy was validly terminated effective January 30, 2010, although there was insufficient proof of Tenant wrongdoing to award the Landlord compensation; the vacant possession date was extended to May 31, 2010 and the security deposit is to be dealt with under the Act.

Citation
2010 NSSM 40
Parties
Landlord: George Tsmiklis; Tenant: Sean Drohan
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 April 2010
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Decision Rendered
Outcome
Appeal dismissed; tenancy termination upheld effective January 30, 2010; vacant possession date extended to May 31, 2010; no compensation awarded to landlord
Legal Topics
Notice to Quit, Tenancy Termination, Notice Validity, Security Deposit, Over Holding
Source Language
English
Residential Tenancies Landlord Tenant Law Eviction Property Law Administrative Law Notice to Quit Tenancy Termination Notice Validity +2 more

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Parties

George Tsmiklis

Landlord

Sean Drohan

Tenant

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal Decision Rendered

Legal Issues

  1. 1 Whether a three-month notice to quit served in late October 2009 was valid despite clerical errors on the form
  2. 2 Whether the Tenant breached obligations sufficient to justify termination (septic system backup/kitty litter allegation and related incidents)
  3. 3 Appropriate vacate date and relief to be granted on appeal

Ratio Decidendi

Despite clerical irregularities on the notice forms, the Landlord clearly intended and communicated a three-month notice served in late October 2009 such that the Tenant knew or ought to have known; accordingly the tenancy was validly terminated effective January 30, 2010, although there was insufficient proof of Tenant wrongdoing to award the Landlord compensation; the vacant possession date was extended to May 31, 2010 and the security deposit is to be dealt with under the Act.

Court Disposition

Appeal dismissed; tenancy termination upheld effective January 30, 2010; vacant possession date extended to May 31, 2010; no compensation awarded to landlord

Orders

  • Tenancy terminated effective January 30, 2010
  • Premises to be vacated no later than May 31, 2010 at 11:59 p.m.