C.S. v. Black

C.S. v. Black

The tenant's physician-signed Notice to Quit under s.10C validly terminated the tenancy, so the landlord's claim for August 2013 rent fails; the landlord failed to prove warped siding was caused by the tenant (evidence showed pre-existing damage); proven tenant liability was limited to door jamb damage and power used in July, the adjudicator fixed door jamb repair at $300 and power at $16.95, and ordered set-off against the security deposit, awarding the tenant costs of $96.80 resulting in judgment to tenant for $339.71.

Citation
2013 NSSM 62
Parties
Appellant/tenant: C. S.; Respondent/landlord: Terry Black
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 November 2013
Procedural Posture
Small Claims Court Appeal (de Novo) From Residential Tenancies Officer Decision / Decision Following De Novo Hearing
Outcome
Appeal allowed in part and dismissed in part; tenant judgment against landlord
Legal Topics
Security Deposit, Early Termination for Health, Property Damage, Rent Liability, Costs of Appeal
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Security Deposit Early Termination for Health Property Damage Rent Liability Costs of Appeal

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Parties

C. S.

Appellant/tenant

Terry Black

Respondent/landlord

Procedural Posture

Small Claims Court Appeal (de Novo) From Residential Tenancies Officer Decision / Decision Following De Novo Hearing

Legal Issues

  1. 1 Whether tenant liable for August 2013 rent after Notice to Quit – Early Termination (health)
  2. 2 Whether tenant liable for damage to door jamb and appropriate measure of damages
  3. 3 Whether tenant liable for warped siding allegedly caused by tenant's barbecue

Ratio Decidendi

The tenant's physician-signed Notice to Quit under s.10C validly terminated the tenancy, so the landlord's claim for August 2013 rent fails; the landlord failed to prove warped siding was caused by the tenant (evidence showed pre-existing damage); proven tenant liability was limited to door jamb damage and power used in July, the adjudicator fixed door jamb repair at $300 and power at $16.95, and ordered set-off against the security deposit, awarding the tenant costs of $96.80 resulting in judgment to tenant for $339.71.

Court Disposition

Appeal allowed in part and dismissed in part; tenant judgment against landlord

Orders

  • Dismiss landlord claim for August 2013 rent ($1150.00)
  • Dismiss landlord claim for warped siding damage