Quon v. Johnson

Quon v. Johnson

The landlord failed to make the required application within ten days and the alleged defects fell within reasonable wear and tear; therefore the Director's order requiring return of the withheld security deposit was correct and must be confirmed.

Citation
2007 NSSM 80
Parties
Landlord: Charles Quon; Tenant: David Johnson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 November 2007
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed; Director's order confirmed
Legal Topics
Security Deposit, Return of Deposit, Statutory Time Limits, Reasonable Wear and Tear, Application to Director
Source Language
English
Residential Tenancies Landlord Tenant Law Administrative Law Security Deposit Return of Deposit Statutory Time Limits Reasonable Wear and Tear Application to Director

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Parties

Charles Quon

Landlord

David Johnson

Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the landlord could retain the security deposit for cleaning and repairs
  2. 2 Whether the tenant's alleged damage exceeded reasonable wear and tear
  3. 3 Whether the landlord complied with the Residential Tenancies Act time limits for applying to retain a deposit

Ratio Decidendi

The landlord failed to make the required application within ten days and the alleged defects fell within reasonable wear and tear; therefore the Director's order requiring return of the withheld security deposit was correct and must be confirmed.

Court Disposition

Appeal dismissed; Director's order confirmed

Orders

  • Appeal dismissed and the October 30, 2007 order of the Director of Residential Tenancies confirmed
  • Landlord ordered to return the balance of the security deposit of $892.38 to the Tenant