Theriault v. Townsend

Theriault v. Townsend

On the evidence the Tenancies Officer's one-sided award was varied: tenants are entitled to their security deposit ($392.50) and a $250.00 oil credit; the Tenancies Officer's $350 repair award to tenants is not supported (no labour recovery), landlord is entitled to $430.00 for extraordinary cleaning due to cat urine, and there is no basis to charge rent after mutual termination; net result is landlord must pay tenants $212.50.

Citation
2010 NSSM 60
Parties
Landlord (appellant): Lee Theriault; Tenant (respondent): Jason Townsend; Tenant (respondent): Meghan Townsend
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 September 2010
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal (de Novo Hearing)
Outcome
Appeal allowed in part; Director's order varied and final order entered against landlord in the amount of $212.50 payable to the tenants.
Legal Topics
Security Deposit, Damage and Repairs, Pet Odor Compensation, Mutual Termination of Tenancy, Oil Tank Fuel Credit, Lost Rent Claim
Source Language
English
Residential Tenancies Landlord and Tenant Law Small Claims Security Deposit Damage and Repairs Pet Odor Compensation Mutual Termination of Tenancy Oil Tank Fuel Credit +1 more

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Parties

Lee Theriault

Landlord (appellant)

Jason Townsend

Tenant (respondent)

Meghan Townsend

Tenant (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether tenants are entitled to return of security deposit and credit for oil left in tank
  2. 2 Whether tenants are entitled to the repairs award made by the Tenancies Officer
  3. 3 Whether landlord is entitled to compensation for pet odor cleaning and for an extra month's rent after alleged mutual termination

Ratio Decidendi

On the evidence the Tenancies Officer's one-sided award was varied: tenants are entitled to their security deposit ($392.50) and a $250.00 oil credit; the Tenancies Officer's $350 repair award to tenants is not supported (no labour recovery), landlord is entitled to $430.00 for extraordinary cleaning due to cat urine, and there is no basis to charge rent after mutual termination; net result is landlord must pay tenants $212.50.

Court Disposition

Appeal allowed in part; Director's order varied and final order entered against landlord in the amount of $212.50 payable to the tenants.

Orders

  • Landlord shall pay Tenants $212.50.
  • Tenants credited security deposit $392.50.