Cyr v. Richards

Cyr v. Richards

Acceptance of rent by the landlord in the context of disputed possession and where the landlord consistently refused to consent did not convert the fixed-term tenancy into a month-to-month tenancy; the earlier adjudicator's order granting tenancy through June 30, 2022 remained operative; tenant had no right to remain beyond that date; rent owed is July 2022 and prorated August 2022 less security deposit, net $1,474.60.

Citation
2022 NSSM 57
Parties
Appellant (tenant): Paul Cyr; Respondent (landlord): Janice Richards (Arm Terrace Properties)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 November 2022
Procedural Posture
Appeal From Residential Tenancies to Small Claims Court / Decision (appeal Adjudication)
Outcome
Appeal dismissed; Order of the Director of Residential Tenancies dated September 26, 2022 confirmed with variation reducing amount payable by tenant to $1,474.60.
Legal Topics
Fixed Term Lease Conversion, Consent to Possession, Security Deposit Offset, Rent Arrears, Duty of Good Faith
Source Language
English
Residential Tenancies Contract Law Property Law Administrative Law Fixed Term Lease Conversion Consent to Possession Security Deposit Offset Rent Arrears +1 more

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Parties

Paul Cyr

Appellant (tenant)

Janice Richards (Arm Terrace Properties)

Respondent (landlord)

Procedural Posture

Appeal From Residential Tenancies to Small Claims Court / Decision (appeal Adjudication)

Legal Issues

  1. 1 Whether acceptance of rent converts a fixed-term lease into a month-to-month tenancy under s.10A(2)
  2. 2 Whether the landlord consented to the tenant remaining in possession after the fixed term
  3. 3 Whether the tenant was entitled to moving expenses or return of security deposit

Ratio Decidendi

Acceptance of rent by the landlord in the context of disputed possession and where the landlord consistently refused to consent did not convert the fixed-term tenancy into a month-to-month tenancy; the earlier adjudicator's order granting tenancy through June 30, 2022 remained operative; tenant had no right to remain beyond that date; rent owed is July 2022 and prorated August 2022 less security deposit, net $1,474.60.

Court Disposition

Appeal dismissed; Order of the Director of Residential Tenancies dated September 26, 2022 confirmed with variation reducing amount payable by tenant to $1,474.60.

Orders

  • Landlord allowed rent for July 2022: $1,725.00
  • Landlord allowed prorated rent for August 2022: $612.10