Misener v. Thompson

Misener v. Thompson

The adjudicator accepted the landlords' evidence over the tenant's, found no harmful mould and no basis for a rent rebate, and concluded the tenant breached the lease by leaving the premises unsatisfactorily clean and causing damage; accordingly the Residential Tenancy Officer's award was correct and was affirmed in full, producing a net award to the landlords of $1,697.59.

Citation
2013 NSSM 36
Parties
Tenant (appellant): Karen Misener; Landlord (respondent): Corine M. Thompson; Landlord (respondent): Brian L. MacDonald
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 July 2013
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Hearing and Decision on Appeal
Outcome
Appeal dismissed; order of the Director of Residential Tenancies affirmed
Legal Topics
Rent Arrears, Security Deposit, Cleaning and Repair Costs, Mould/alleged Health Effects, Repair Vs. Replacement Costs
Source Language
English
Residential Tenancies Landlord Tenant Law Property Damage Rent Arrears Security Deposit Cleaning and Repair Costs Mould/alleged Health Effects Repair Vs. Replacement Costs

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Parties

Karen Misener

Tenant (appellant)

Corine M. Thompson

Landlord (respondent)

Brian L. MacDonald

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Hearing and Decision on Appeal

Legal Issues

  1. 1 Whether tenant is liable for unpaid rent for February 2013
  2. 2 Whether tenant is entitled to a rent rebate due to alleged harmful mould
  3. 3 Whether landlords are entitled to recover cleaning, painting and repair costs and replacement of French door

Ratio Decidendi

The adjudicator accepted the landlords' evidence over the tenant's, found no harmful mould and no basis for a rent rebate, and concluded the tenant breached the lease by leaving the premises unsatisfactorily clean and causing damage; accordingly the Residential Tenancy Officer's award was correct and was affirmed in full, producing a net award to the landlords of $1,697.59.

Court Disposition

Appeal dismissed; order of the Director of Residential Tenancies affirmed

Orders

  • Award to landlords as ordered by Residential Tenancy Officer: $750.00 (cleaning)
  • $500.00 (painting and minor repairs)