Powell v. MacDonald

Powell v. MacDonald

Independent third-party inspection reports and municipal inspection found no active infestation or uninhabitability; tenant was aware renovations were incomplete and elected to vacate after returning, tenant was not justified in terminating the lease, landlord mitigated by reletting the unit for Sept 1, 2018, therefore tenant liable for one month rent ($1,200) plus proven damages to flooring ($650), less the $600 security deposit, net payable $1,250.

Citation
2019 NSSM 71
Parties
Appellant (claimant): Marlene Powell; Respondent (defendant / Landlord): Erin B. MacDonald
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 March 2019
Procedural Posture
Residential Tenancies Appeal / Small Claims Court / Decision (appeal Hearing)
Outcome
Appeal denied; Director's decision upheld in part and revised; Tenant ordered to pay Landlord net $1,250.00
Legal Topics
Lease Termination, Security Deposit, Rent Arrears, Habitability, Damages, Mitigation
Source Language
English
Residential Tenancies Landlord and Tenant Law Small Claims Lease Termination Security Deposit Rent Arrears Habitability Damages +1 more

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Parties

Marlene Powell

Appellant (claimant)

Erin B. MacDonald

Respondent (defendant / Landlord)

Procedural Posture

Residential Tenancies Appeal / Small Claims Court / Decision (appeal Hearing)

Legal Issues

  1. 1 Whether tenant was justified in unilaterally terminating a one-year lease for alleged habitability defects
  2. 2 Whether landlord breached statutory duty to keep premises in good repair and fit for habitation
  3. 3 Whether landlord mitigated loss and tenant liable for August rent

Ratio Decidendi

Independent third-party inspection reports and municipal inspection found no active infestation or uninhabitability; tenant was aware renovations were incomplete and elected to vacate after returning, tenant was not justified in terminating the lease, landlord mitigated by reletting the unit for Sept 1, 2018, therefore tenant liable for one month rent ($1,200) plus proven damages to flooring ($650), less the $600 security deposit, net payable $1,250.

Court Disposition

Appeal denied; Director's decision upheld in part and revised; Tenant ordered to pay Landlord net $1,250.00

Orders

  • Appellant/Tenant ordered to pay Respondent/Landlord August 2018 rent $1,200.00
  • Appellant/Tenant ordered to pay Respondent/Landlord for floor damage $650.00 (lower estimate accepted)