Siteman v. Clark

Siteman v. Clark

A verbal month-to-month tenancy began March 1, 2007; the tenant's notice to quit could not take effect until the end of April under RTA s.10(1); there was insufficient evidence that the landlord wilfully repudiated the lease or locked out the tenant; therefore the tenant is not entitled to return of rent or security deposit and the Director's order stands.

Citation
2007 NSSM 41
Parties
Tenant: Matthew C. Siteman; Landlord: Keith Clark
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 August 2007
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Hearing De Novo on Appeal
Outcome
Appeal dismissed; order of the Director upheld.
Legal Topics
Notice to Quit, Security Deposit, Repudiation, Possession, Month to Month Tenancy
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Law Notice to Quit Security Deposit Repudiation Possession Month to Month Tenancy

Case Brief

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Parties

Matthew C. Siteman

Tenant

Keith Clark

Landlord

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Hearing De Novo on Appeal

Legal Issues

  1. 1 Whether a valid tenancy existed as of March 1, 2007
  2. 2 Whether the tenant was entitled to return of rent and security deposit
  3. 3 Whether the tenant's notice to quit was effective

Ratio Decidendi

A verbal month-to-month tenancy began March 1, 2007; the tenant's notice to quit could not take effect until the end of April under RTA s.10(1); there was insufficient evidence that the landlord wilfully repudiated the lease or locked out the tenant; therefore the tenant is not entitled to return of rent or security deposit and the Director's order stands.

Court Disposition

Appeal dismissed; order of the Director upheld.

Orders

  • Appeal dismissed and the order of the Director dated June 6, 2007 stands.
  • No return of the claimed rent or security deposit to the tenant.