Williamson v. MacDonald

Williamson v. MacDonald

Tenant cannot recover initial fit-up expenses or the replacement hot water heater because the verbal net/as-is tenancy made those tenant responsibilities; tenant is entitled to $500 reimbursement for paying the building water bill because it was unreasonable to require the tenant to supply free water to other occupants; landlord may retain the $650 damage deposit to offset demonstrated damage, resulting in a net judgment for the claimant of $587.06 (including filing fee).

Citation
2008 NSSM 36
Parties
Claimant: Evelyn Williamson; Defendant: Arthur David MacDonald
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 June 2008
Procedural Posture
Small Claims Court / Decision (judgment)
Outcome
Judgment for Claimant in the amount of $587.06
Legal Topics
Security Deposit, Tenant Improvements, Net Lease, Water Bill Allocation, Wear and Tear, Costs
Source Language
English
Landlord Tenant Contract Property Small Claims Damages Security Deposit Tenant Improvements Net Lease +3 more

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Parties

Evelyn Williamson

Claimant

Arthur David MacDonald

Defendant

Procedural Posture

Small Claims Court / Decision (judgment)

Legal Issues

  1. 1 Whether tenant may recover expenses for initial tenant improvements and replacement hot water heater
  2. 2 Whether landlord may retain damage deposit to cover repairs beyond normal wear and tear
  3. 3 Whether tenant is entitled to reimbursement for paying the building water bill in full

Ratio Decidendi

Tenant cannot recover initial fit-up expenses or the replacement hot water heater because the verbal net/as-is tenancy made those tenant responsibilities; tenant is entitled to $500 reimbursement for paying the building water bill because it was unreasonable to require the tenant to supply free water to other occupants; landlord may retain the $650 damage deposit to offset demonstrated damage, resulting in a net judgment for the claimant of $587.06 (including filing fee).

Court Disposition

Judgment for Claimant in the amount of $587.06

Orders

  • Judgment in favour of Claimant for $587.06
  • Award $500.00 to Claimant for overpaid water bill