Palem v. Kamal

Palem v. Kamal

The adjudicator varied the Director's order because the landlord failed to establish on the evidence that the tenants breached their obligation beyond ordinary cleanliness or caused compensable damage to the counter top; the countertop deterioration was preexisting and any worsening was ordinary wear and tear, and the cleaning issue did not justify the awarded deductions.

Citation
2014 NSSM 60
Parties
Tenants (appellants): BALA PALEM and KARTIK PALEM; Landlord (respondent): KAMAL KAMAL
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 November 2014
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Decision
Outcome
Appeal allowed in part and Director's order dated September 9, 2014 varied.
Legal Topics
Damage Deposit, Cleaning Charges, Ordinary Wear and Tear, Overholding, Compensation Deductions, Appeal
Source Language
English
Residential Tenancies Landlord and Tenant Law Small Claims Court Damage Deposit Cleaning Charges Ordinary Wear and Tear Overholding Compensation Deductions +1 more

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Parties

BALA PALEM and KARTIK PALEM

Tenants (appellants)

KAMAL KAMAL

Landlord (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether landlord validly deducted $130 for cleaning from damage deposit
  2. 2 Whether landlord validly deducted $100 for counter top damage from damage deposit
  3. 3 Whether counter top damage constituted tenant negligence or ordinary wear and tear

Ratio Decidendi

The adjudicator varied the Director's order because the landlord failed to establish on the evidence that the tenants breached their obligation beyond ordinary cleanliness or caused compensable damage to the counter top; the countertop deterioration was preexisting and any worsening was ordinary wear and tear, and the cleaning issue did not justify the awarded deductions.

Court Disposition

Appeal allowed in part and Director's order dated September 9, 2014 varied.

Orders

  • Residential Tenancy Director's order dated September 9, 2014 is varied.
  • Landlord shall return $433.25 to the Tenants.