Nadeau, Kent v. Legere

Nadeau, Kent v. Legere

The flood frustrated the tenancy, the tenants had a duty to remove their belongings and provide vacant possession; their failure to do so made them liable for consequent costs the landlord reasonably incurred (storage, packing, cleanup, remediation-related losses, pest control and certain repairs), and on balance the adjudicator awarded the landlord $6,133.56 after crediting the security deposit.

Citation
2023 NSSM 103
Parties
Tenant: Stacy Nadeau; Tenant: Matthew Kent; Landlord: Greg Legere
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 December 2023
Procedural Posture
Small Claims Court Appeal From Residential Tenancies / De Novo Appeal Hearing and Decision
Outcome
Appeal allowed in part; order of the Director of Residential Tenancies dated October 11, 2023 varied; tenants ordered to pay landlord $6,133.56.
Legal Topics
Frustration of Contract, Termination of Tenancy, Security Deposit, Allocation of Remediation Costs, Storage and Removal Costs, Pest Control Costs, Overholding and Rent Liability
Source Language
English
Landlord and Tenant Contract Law Property Damage Remedies Frustration of Contract Termination of Tenancy Security Deposit Allocation of Remediation Costs +3 more

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Parties

Stacy Nadeau

Tenant

Matthew Kent

Tenant

Greg Legere

Landlord

Procedural Posture

Small Claims Court Appeal From Residential Tenancies / De Novo Appeal Hearing and Decision

Legal Issues

  1. 1 Whether the flood frustrated the tenancy contract
  2. 2 Whether tenants remained liable for costs after frustration
  3. 3 Whether tenants had a duty to remove belongings and provide vacant possession

Ratio Decidendi

The flood frustrated the tenancy, the tenants had a duty to remove their belongings and provide vacant possession; their failure to do so made them liable for consequent costs the landlord reasonably incurred (storage, packing, cleanup, remediation-related losses, pest control and certain repairs), and on balance the adjudicator awarded the landlord $6,133.56 after crediting the security deposit.

Court Disposition

Appeal allowed in part; order of the Director of Residential Tenancies dated October 11, 2023 varied; tenants ordered to pay landlord $6,133.56.

Orders

  • Order of the Director of Residential Tenancies dated October 11, 2023 is varied.
  • Tenants shall pay to the landlord the sum of $6,133.56.