Tagliapietra v. Cake

Tagliapietra v. Cake

The landlord proved the necessity of professional cleaning, rekeying the locks, and unpaid rent for April 2022 but failed to prove, on a balance of probabilities, that most repair and replacement claims (appliances, flooring, many contractor works, window, microwave, bailiff/filing fees, general damages, and interest) exceeded normal wear and tear or were caused by tenant negligence; accordingly only cleaning, lock replacement and April rent were awarded and set off against the deposit to yield $2,968.72.

Citation
2023 NSSM 33
Parties
Landlord (appellants): Veronique Tagliapietra and Carol Tagliapietra; Tenant (respondent): John Kenneth Martin Cake
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 July 2023
Procedural Posture
Appeal From Director of Residential Tenancies (hearing De Novo) / Decision on Appeal (hearing De Novo at Small Claims Court)
Outcome
Appeal allowed in part; partial judgment for the Landlords
Legal Topics
Ordinary Cleanliness, Normal Wear and Tear, Repair Liability, Security Deposit, Rent Arrears, Evidence and Burden of Proof
Source Language
English
Residential Tenancies Landlord and Tenant Small Claims Court Property Damage Ordinary Cleanliness Normal Wear and Tear Repair Liability Security Deposit +2 more

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Parties

Veronique Tagliapietra and Carol Tagliapietra

Landlord (appellants)

John Kenneth Martin Cake

Tenant (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies (hearing De Novo) / Decision on Appeal (hearing De Novo at Small Claims Court)

Legal Issues

  1. 1 Whether the tenant is liable for cleaning and repair costs beyond normal wear and tear
  2. 2 Whether replacement of appliances and flooring was justified and supported by evidence
  3. 3 Whether unpaid rent for April, May and June 2022 is recoverable

Ratio Decidendi

The landlord proved the necessity of professional cleaning, rekeying the locks, and unpaid rent for April 2022 but failed to prove, on a balance of probabilities, that most repair and replacement claims (appliances, flooring, many contractor works, window, microwave, bailiff/filing fees, general damages, and interest) exceeded normal wear and tear or were caused by tenant negligence; accordingly only cleaning, lock replacement and April rent were awarded and set off against the deposit to yield $2,968.72.

Court Disposition

Appeal allowed in part; partial judgment for the Landlords

Orders

  • Judgment for Veronique Tagliapietra and Carol Tagliapietra against John Kenneth Martin Cake in the amount of $2,968.72.
  • Landlords to retain the $575.00 damage deposit as set‑off against the judgment.