Norris v. Dow & Duggan Log Homes International Ltd.

Norris v. Dow & Duggan Log Homes International Ltd.

Court found proven damages of $150 related to repainting, concluded some damage was caused by a prior tenant and that tenant is only liable for damage beyond ordinary wear and tear; on that basis ordered the landlord to return $125 of the deposit plus $8.75 interest (total $133.75) and permitted landlord to retain $125 to cover tenant-responsible damages.

Citation
2007 NSSM 54
Parties
Appellant/tenant: Stephanie Norris; Respondent/landlord: Dow & Duggan Log Homes International Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 June 2007
Procedural Posture
Small Claims Court Appeal Under Residential Tenancies Act / Decision on Appeal
Outcome
Landlord ordered to pay tenant $133.75 representing portion of security deposit plus interest; landlord permitted to retain $125.00 of the security deposit.
Legal Topics
Security Deposit, Damages, Interest on Deposit, Ordinary Wear and Tear, Statutory Application Requirements
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Procedure Security Deposit Damages Interest on Deposit Ordinary Wear and Tear Statutory Application Requirements

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Parties

Stephanie Norris

Appellant/tenant

Dow & Duggan Log Homes International Ltd.

Respondent/landlord

Procedural Posture

Small Claims Court Appeal Under Residential Tenancies Act / Decision on Appeal

Legal Issues

  1. 1 Proper disposition of security deposit
  2. 2 Whether claimed damages exceed ordinary wear and tear
  3. 3 Whether landlord complied with statutory application/timing requirements to retain deposit

Ratio Decidendi

Court found proven damages of $150 related to repainting, concluded some damage was caused by a prior tenant and that tenant is only liable for damage beyond ordinary wear and tear; on that basis ordered the landlord to return $125 of the deposit plus $8.75 interest (total $133.75) and permitted landlord to retain $125 to cover tenant-responsible damages.

Court Disposition

Landlord ordered to pay tenant $133.75 representing portion of security deposit plus interest; landlord permitted to retain $125.00 of the security deposit.

Orders

  • Landlord to pay tenant $133.75 representing return of portion of the security deposit plus interest.
  • Landlord permitted to retain $125.00 of the security deposit to cover damages beyond ordinary wear and tear.