Motz v. Budden

Motz v. Budden

Adjudicator held that landlords breached tenants' quiet enjoyment and statutory entry conditions to a minor extent given aggressive showings and COVID-19 constraints; tenants' rent strike was unjustified but a partial abatement of $1,000 was warranted; accordingly the Residential Tenancies order was varied: tenants owe $5,834, tenancy terminates August 31, 2021, security deposit disposition deferred, and no costs awarded.

Citation
2021 NSSM 30
Parties
Appellant (tenant): George Motz; Appellant (tenant): Miranda Lohnes; Respondent (landlord): John Budden; Respondent (landlord): Jackie Gallant
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 July 2021
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Decision on Appeal
Outcome
Order of Residential Tenancies varied in part: tenants ordered to pay $5,834.00; tenancy terminates August 31, 2021 at 11:59 p.m.; security deposit disposition to be handled under Residential Tenancies Act; no costs awarded.
Legal Topics
Quiet Enjoyment, Entry to Premises, Rent Abatement, Lease Termination, Security Deposit, Costs, Showings/sale of Property
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Law Contract Law Public Health/covid 19 Restrictions Quiet Enjoyment Entry to Premises Rent Abatement +4 more

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Parties

George Motz

Appellant (tenant)

Miranda Lohnes

Appellant (tenant)

John Budden

Respondent (landlord)

Jackie Gallant

Respondent (landlord)

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Decision on Appeal

Legal Issues

  1. 1 Whether landlords' showings and renovations during COVID-19 breached statutory conditions and tenants' right to quiet enjoyment
  2. 2 Whether tenants' cessation of rent payments (rent strike) was justified
  3. 3 Whether a rent abatement should be awarded and the appropriate quantum

Ratio Decidendi

Adjudicator held that landlords breached tenants' quiet enjoyment and statutory entry conditions to a minor extent given aggressive showings and COVID-19 constraints; tenants' rent strike was unjustified but a partial abatement of $1,000 was warranted; accordingly the Residential Tenancies order was varied: tenants owe $5,834, tenancy terminates August 31, 2021, security deposit disposition deferred, and no costs awarded.

Court Disposition

Order of Residential Tenancies varied in part: tenants ordered to pay $5,834.00; tenancy terminates August 31, 2021 at 11:59 p.m.; security deposit disposition to be handled under Residential Tenancies Act; no costs awarded.

Orders

  • Tenants shall pay to the landlords the sum of $5,834.00.
  • The tenancy at 209 Prince Street, Lower Sackville terminates on August 31, 2021 at or before 11:59 p.m.; tenants and all occupants will vacate the premises by that time.