Moser v. Van Iderstine

Moser v. Van Iderstine

The Form D was invalid because it was not properly served and the tenant was not 15 days in arrears; the premises were unfit for habitation and the landlord unlawfully re-let the unit and removed and disposed of the tenant's food, therefore the Director's order requiring the landlord to reimburse $500 for disposed food is confirmed.

Citation
2019 NSSM 65
Parties
Appellant (landlord): Cathy Moser; Respondent (tenant): Jodi M. Van Iderstine
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 December 2019
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing Decision
Outcome
Order of the Director of Residential Tenancies dated August 22, 2019 confirmed; landlord ordered to pay tenant $500.
Legal Topics
Service of Documents, Notice to Quit/termination, Habitability, Unlawful Re Entry and Disposal of Tenant Property, Damages for Loss of Property
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Law Municipal Bylaw Enforcement Service of Documents Notice to Quit/termination Habitability Unlawful Re Entry and Disposal of Tenant Property +1 more

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Parties

Cathy Moser

Appellant (landlord)

Jodi M. Van Iderstine

Respondent (tenant)

Procedural Posture

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

Legal Issues

  1. 1 Whether the Form D Notice to Quit was properly served
  2. 2 Whether the tenant was in arrears for 15 days such as to permit termination
  3. 3 Whether the premises were habitable and whether habitability affects rent obligations

Ratio Decidendi

The Form D was invalid because it was not properly served and the tenant was not 15 days in arrears; the premises were unfit for habitation and the landlord unlawfully re-let the unit and removed and disposed of the tenant's food, therefore the Director's order requiring the landlord to reimburse $500 for disposed food is confirmed.

Court Disposition

Order of the Director of Residential Tenancies dated August 22, 2019 confirmed; landlord ordered to pay tenant $500.

Orders

  • Confirm the Director of Residential Tenancies order dated August 22, 2019
  • Landlord Cathy Moser to pay Tenant Jodi M. Van Iderstine $500.00