Lucas v. Wang

Lucas v. Wang

The Director's order was confirmed because the Adjudicator found the landlord's evidence credible, the tenants failed to prove the mold justified early termination or to present a subtenant, the Director's reductions (eg. 20% of carpet cost) were reasonable, and the court could not increase the award in the absence of a cross-appeal by the landlord.

Citation
2012 NSSM 48
Parties
Tenant (appellant): Kathy Lucas; Tenant (appellant): Jennifer Smith; Landlord (respondent): Tingyu Wang
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2012
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Hearing and Decision on Appeal
Outcome
Appeal dismissed; Director's order confirmed in all respects.
Legal Topics
Security Deposit, Termination of Lease, Subletting, Mold, Damages for Cleaning and Repairs, Lost Rent, Mitigation of Damages, Credibility Findings
Source Language
English
Residential Tenancies Landlord and Tenant Law Contract Law Property Damage Security Deposit Termination of Lease Subletting Mold +4 more

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Parties

Kathy Lucas

Tenant (appellant)

Jennifer Smith

Tenant (appellant)

Tingyu Wang

Landlord (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether tenants are liable for unpaid rent and damages after early termination of lease
  2. 2 Whether tenants are responsible for lost rent for November 2011
  3. 3 Whether deductions from the security deposit for cleaning, repairs, repainting, flooring replacement, oil refill, lock change, returned cheque fees and late fees were justified

Ratio Decidendi

The Director's order was confirmed because the Adjudicator found the landlord's evidence credible, the tenants failed to prove the mold justified early termination or to present a subtenant, the Director's reductions (eg. 20% of carpet cost) were reasonable, and the court could not increase the award in the absence of a cross-appeal by the landlord.

Court Disposition

Appeal dismissed; Director's order confirmed in all respects.

Orders

  • Appeal dismissed and Director of Residential Tenancies order dated May 4, 2012 confirmed; tenants ordered to pay landlord $4956.42 (including security deposit and interest of $642.76)