Poirier v. Sinha

Poirier v. Sinha

Lease auto-renewed because tenants vacated before providing the three months' notice; landlord bore a duty to mitigate and did not make sufficient mitigation efforts (failure to advertise in May and delayed repairs), therefore award limited to four months' rent ($5,000). Most alleged damage was caused by landlord neglect or pre-existing condition; award limited to documented carpet cleaning and a modest allocation for other damage ($420). Late fees disallowed and bedbug issue did not justify additional award.

Citation
2017 NSSM 96
Parties
Appellant/tenant: Ian Poirier; Appellant/tenant: David Angelo Williams; Appellant/tenant/guarantor: Liana Williams; Respondent/landlord: Dinesh P. Sinha
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 July 2017
Procedural Posture
Residential Tenancies Appeal to Small Claims Court / De Novo Appeal Hearing (decision)
Outcome
Appeal allowed in part; Tenants held jointly and severally liable with modification of original award
Legal Topics
Notice to Quit, Mitigation of Damages, Security Deposit, Tenant Liability for Property Damage, Bedbug Infestation
Source Language
English
Residential Tenancies Landlord and Tenant Contract Law Property Notice to Quit Mitigation of Damages Security Deposit Tenant Liability for Property Damage +1 more

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Parties

Ian Poirier

Appellant/tenant

David Angelo Williams

Appellant/tenant

Liana Williams

Appellant/tenant/guarantor

Dinesh P. Sinha

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal to Small Claims Court / De Novo Appeal Hearing (decision)

Legal Issues

  1. 1 Whether tenants gave sufficient notice for a year-to-year lease and whether the lease auto-renewed
  2. 2 Whether the landlord mitigated his losses after early vacancy and appropriate measure of mitigation
  3. 3 Whether the tenants are liable for alleged damages and appropriate quantum

Ratio Decidendi

Lease auto-renewed because tenants vacated before providing the three months' notice; landlord bore a duty to mitigate and did not make sufficient mitigation efforts (failure to advertise in May and delayed repairs), therefore award limited to four months' rent ($5,000). Most alleged damage was caused by landlord neglect or pre-existing condition; award limited to documented carpet cleaning and a modest allocation for other damage ($420). Late fees disallowed and bedbug issue did not justify additional award.

Court Disposition

Appeal allowed in part; Tenants held jointly and severally liable with modification of original award

Orders

  • Claim against Marcel Poirier confirmed dismissed
  • Tenants Ian Poirier, David-Angelo Williams and Liana Williams jointly and severally liable for: Rent $5000.00