JeBailey v. Nickerson

JeBailey v. Nickerson

Adjudicator found tenants primarily at fault for mold and related damage due to failure to maintain cleanliness and to notify landlord of defects, disallowed tenants' abatement claims because they had been compensated or failed to give notice, limited landlord's recoverable damages to amounts that were foreseeable and mitigated (including one month lost rent), and permitted landlord to retain the $600 deposit with tenants liable for the balance of $2,657.22.

Citation
2017 NSSM 54
Parties
Landlord (appellant): ELIAS JEBAILEY; Tenant (respondent): JEREMY NICKERSON; Tenant (respondent): MEREDITH HIGGINS
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2017
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Hearing and Decision on Appeal (de Novo)
Outcome
Appeal allowed in part; landlord awarded specified damages and may retain security deposit; no costs awarded to either party.
Legal Topics
Mold Remediation, Rent Abatement, Security Deposit, Repairs and Maintenance, Mitigation of Damages, Smoking in Rental Unit, Ventless Dryer Issues
Source Language
English
Residential Tenancies Landlord Tenant Law Property Law Contract Law Mold Remediation Rent Abatement Security Deposit Repairs and Maintenance +3 more

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Parties

ELIAS JEBAILEY

Landlord (appellant)

JEREMY NICKERSON

Tenant (respondent)

MEREDITH HIGGINS

Tenant (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Hearing and Decision on Appeal (de Novo)

Legal Issues

  1. 1 Whether tenants are liable for damage and required repairs including mold remediation and flooring replacement
  2. 2 Whether tenants are entitled to rent abatement for alleged deficiencies (dryer humidity, yard, deck, heating)
  3. 3 Whether landlord mitigated damages for lost rent

Ratio Decidendi

Adjudicator found tenants primarily at fault for mold and related damage due to failure to maintain cleanliness and to notify landlord of defects, disallowed tenants' abatement claims because they had been compensated or failed to give notice, limited landlord's recoverable damages to amounts that were foreseeable and mitigated (including one month lost rent), and permitted landlord to retain the $600 deposit with tenants liable for the balance of $2,657.22.

Court Disposition

Appeal allowed in part; landlord awarded specified damages and may retain security deposit; no costs awarded to either party.

Orders

  • Landlord awarded damages totaling $3,257.22
  • Landlord may retain security deposit of $600.00