Murphy v. Julien

Murphy v. Julien

The adjudicator preferred the landlords' testimony over the tenant's based on credibility and probability, found the tenant did not prove payment of October and November rent, allowed a modest $350 heating abatement for drafty windows, credited the tenant's security deposit of $405, ordered possession to the landlords by 11:59 p.m. January 15, 2012, and adjudged the tenant liable for $2,048 representing rent arrears less credits.

Citation
2011 NSSM 60
Parties
Tenant (appellant): Jason D. Murphy; Landlord (respondent): Robert Julien; Landlord (respondent): Bonnie Pettipas
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 December 2011
Procedural Posture
Residential Tenancies Appeal / Decision on Appeal
Outcome
Appeal dismissed in part; tenancy terminated; possession ordered; tenant liable for outstanding rent net of credits.
Legal Topics
Eviction, Rent Arrears, Habitability, Repairs and Maintenance, Security Deposit, Abatement, Possession
Source Language
English
Residential Tenancies Landlord Tenant Law Property Eviction Rent Arrears Habitability Repairs and Maintenance Security Deposit +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Jason D. Murphy

Tenant (appellant)

Robert Julien

Landlord (respondent)

Bonnie Pettipas

Landlord (respondent)

Procedural Posture

Residential Tenancies Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the tenant paid rent for October and November 2011
  2. 2 Whether the landlord validly terminated the tenancy and is entitled to possession
  3. 3 Whether the tenant is entitled to compensation or abatements for alleged deficiencies (fridge, septic, heating, vandalism)

Ratio Decidendi

The adjudicator preferred the landlords' testimony over the tenant's based on credibility and probability, found the tenant did not prove payment of October and November rent, allowed a modest $350 heating abatement for drafty windows, credited the tenant's security deposit of $405, ordered possession to the landlords by 11:59 p.m. January 15, 2012, and adjudged the tenant liable for $2,048 representing rent arrears less credits.

Court Disposition

Appeal dismissed in part; tenancy terminated; possession ordered; tenant liable for outstanding rent net of credits.

Orders

  • Landlords to be given vacant possession by no later than 11:59 p.m. on January 15, 2012.
  • Tenant to pay one-half month's rent for January 2012 (accounted in calculation).