Boostani v. Cap Reit LLP

Boostani v. Cap Reit LLP

The combined balcony nuisance and pervasive mouse infestation rendered the apartment substantially less desirable than promised, warranting a partial rent abatement; a 35% abatement of rent paid ($4,100) was appropriate (amount $1,435); the hotel expense was not reimbursed; the abatement is offset against the uncashed July rent of $1,025, yielding $410 payable to the tenant.

Citation
2013 NSSM 30
Parties
Tenant (appellant): Amirnader Boostani; Landlord (respondent): CAP REIT LLP
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 August 2013
Procedural Posture
Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal (hearing Held August 6, 2013; Decision Rendered August 12, 2013)
Outcome
Appeal allowed in part; Director's order varied to grant tenant a rent abatement and a net payment to tenant; hotel expense claim denied.
Legal Topics
Rent Abatement, Habitability, Pest Infestation, Balcony Nuisance, Offset for Unpaid Rent, Damages/compensation, Hotel Expense Claim
Source Language
English
Residential Tenancies Landlord and Tenant Contract Law Property Rent Abatement Habitability Pest Infestation Balcony Nuisance +3 more

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Parties

Amirnader Boostani

Tenant (appellant)

CAP REIT LLP

Landlord (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal (hearing Held August 6, 2013; Decision Rendered August 12, 2013)

Legal Issues

  1. 1 Whether the tenant is entitled to a rent abatement for balcony nuisances and a mouse infestation
  2. 2 Appropriate quantum of any rent abatement
  3. 3 Whether the tenant is entitled to reimbursement for hotel expenses

Ratio Decidendi

The combined balcony nuisance and pervasive mouse infestation rendered the apartment substantially less desirable than promised, warranting a partial rent abatement; a 35% abatement of rent paid ($4,100) was appropriate (amount $1,435); the hotel expense was not reimbursed; the abatement is offset against the uncashed July rent of $1,025, yielding $410 payable to the tenant.

Court Disposition

Appeal allowed in part; Director's order varied to grant tenant a rent abatement and a net payment to tenant; hotel expense claim denied.

Orders

  • Landlord to rebate to the Tenant a rent abatement of $1,435.00 (35% of rent paid).
  • Apply an offset against the Tenant's outstanding July rent of $1,025.00, resulting in a net payment of $410.00 to the Tenant by the Landlord.