Landlord DL v. Tenant RM

Landlord DL v. Tenant RM

Although the tenant's May–August 2020 conduct would ordinarily justify termination for breach of the statutory condition of good behaviour, the conduct was caused by bipolar disorder that is now controlled by treatment, the landlord knew of the illness but did not attempt accommodation or contact the tenant's emergency contact or health services; accordingly termination was not appropriate at this time provided the tenant maintains treatment and refrains from similar conduct, but landlord may seek termination if treatment compliance or mitigation fails.

Citation
2020 NSSM 25
Parties
Appellant/landlord: Landlord DL; Respondent/tenant: Tenant RM
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 December 2020
Procedural Posture
Residential Tenancy Appeal / Appeal Decision
Outcome
Appeal dismissed; tenancy not terminated at this time
Legal Topics
Statutory Condition of Good Behaviour, Disability Accommodation, Termination of Tenancy, Notice to Quit, Rent Increase
Source Language
English
Residential Tenancies Human Rights Law Mental Health Law Eviction/repossession Statutory Condition of Good Behaviour Disability Accommodation Termination of Tenancy Notice to Quit +1 more

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Parties

Landlord DL

Appellant/landlord

Tenant RM

Respondent/tenant

Procedural Posture

Residential Tenancy Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the tenant's conduct warranted termination for breach of the statutory condition of good behaviour
  2. 2 Whether the tenant's bipolar disorder as a disability prevents termination under the Human Rights Act
  3. 3 Whether the landlord took reasonable steps to accommodate or mitigate conduct caused by mental illness

Ratio Decidendi

Although the tenant's May–August 2020 conduct would ordinarily justify termination for breach of the statutory condition of good behaviour, the conduct was caused by bipolar disorder that is now controlled by treatment, the landlord knew of the illness but did not attempt accommodation or contact the tenant's emergency contact or health services; accordingly termination was not appropriate at this time provided the tenant maintains treatment and refrains from similar conduct, but landlord may seek termination if treatment compliance or mitigation fails.

Court Disposition

Appeal dismissed; tenancy not terminated at this time

Orders

  • Appeal dismissed
  • Tenant permitted to remain provided he maintains monthly injection treatment and refrains from further conduct similar to May–August 2020