Durling v. Seth

Durling v. Seth

Because the landlord orally told the tenant to vacate and the tenant relied on that representation and gave vacant possession as of February 29, 2004, the landlord was estopped and had waived the written notice requirement, so the tenant was not liable for rent after Feb 29, 2004; outstanding arrears to that date were payable less the damage deposit leaving $200.57 payable to the landlord.

Citation
2004 NSSM 37
Parties
Appellant/claimant: Valerie (Brown) Durling; Respondent/landlord: Ram P. Seth
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 May 2004
Procedural Posture
Small Claims Residential Tenancy / Decision (hearing Concluded)
Outcome
Adjudicator ordered the claimant (Ms. Brown) to pay the landlord the balance of outstanding rent after deduction of the damage deposit: $200.57; no liability for rent after February 29, 2004.
Legal Topics
Lease Termination, Notice Requirement, Waiver, Estoppel, Rent Arrears, Security Deposit Deduction
Source Language
English
Residential Tenancy Contract Law Estoppel Landlord and Tenant Lease Termination Notice Requirement Waiver Rent Arrears +1 more

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Parties

Valerie (Brown) Durling

Appellant/claimant

Ram P. Seth

Respondent/landlord

Procedural Posture

Small Claims Residential Tenancy / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether tenant was liable for rent after vacating based on landlord's oral instruction to vacate
  2. 2 Whether landlord was estopped or had waived written notice requirement
  3. 3 Proper calculation of outstanding rent and deduction of damage deposit

Ratio Decidendi

Because the landlord orally told the tenant to vacate and the tenant relied on that representation and gave vacant possession as of February 29, 2004, the landlord was estopped and had waived the written notice requirement, so the tenant was not liable for rent after Feb 29, 2004; outstanding arrears to that date were payable less the damage deposit leaving $200.57 payable to the landlord.

Court Disposition

Adjudicator ordered the claimant (Ms. Brown) to pay the landlord the balance of outstanding rent after deduction of the damage deposit: $200.57; no liability for rent after February 29, 2004.

Orders

  • Ms. Brown is liable for outstanding rent as of February 29, 2004 totaling $855 minus damage deposit of $654.43; balance $200.57 payable to landlord.
  • Tenant not liable for rent for March and April 2004 because landlord accepted early termination as of February 29, 2004.