Braithwaite v. Akter

Braithwaite v. Akter

The landlord failed to prove, on the balance of probabilities, that the tenants caused the bed bug infestation or justify most claimed expenses because evidence was lacking or untimely; only the stove fire (accepted as tenant-caused) with a $100 replacement and $40 cleaning were supported, therefore $140 was deductible and the balance of the deposit ($326.90) must be returned equally to the tenants.

Citation
2020 NSSM 31
Parties
Appellant Landlord: David A. Braithwaite; Respondent Tenant: Tahlil Akter; Respondent Tenant: Abdul Al-Quddus Himel
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 November 2020
Procedural Posture
Residential Tenancies Act Appeal (small Claims Court) / Decision After De Novo Appeal Hearing
Outcome
Appeal allowed in part; landlord permitted $140.00 deduction and required to return remaining deposit
Legal Topics
Damage Deposit, Burden of Proof, Evidence, Extermination/bed Bugs, Cleaning Costs, Stove/fire Damage, Lock/key Replacement
Source Language
English
Residential Tenancies Landlord Tenant Property Small Claims Court Procedure Damage Deposit Burden of Proof Evidence Extermination/bed Bugs +3 more

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Parties

David A. Braithwaite

Appellant Landlord

Tahlil Akter

Respondent Tenant

Abdul Al-Quddus Himel

Respondent Tenant

Procedural Posture

Residential Tenancies Act Appeal (small Claims Court) / Decision After De Novo Appeal Hearing

Legal Issues

  1. 1 Whether tenants are entitled to return of the damage deposit
  2. 2 Whether the landlord proved, on the balance of probabilities, that the tenants caused the alleged damages
  3. 3 Which specific deductions from the damage deposit are supported by evidence

Ratio Decidendi

The landlord failed to prove, on the balance of probabilities, that the tenants caused the bed bug infestation or justify most claimed expenses because evidence was lacking or untimely; only the stove fire (accepted as tenant-caused) with a $100 replacement and $40 cleaning were supported, therefore $140 was deductible and the balance of the deposit ($326.90) must be returned equally to the tenants.

Court Disposition

Appeal allowed in part; landlord permitted $140.00 deduction and required to return remaining deposit

Orders

  • Appellant shall pay to the Respondents equally the sum of $326.90