Maitland v. Templeton Place Ltd.

Maitland v. Templeton Place Ltd.

The three months' payment made in addition to the contract monthly rent was, by operation of s.12(1), a security deposit; the landlord accepted more than the one-half monthly rent limit in s.12(2) and failed to comply with trust and return requirements, so the excess $1,485 must be repaid to the tenant; the appellant failed to prove the landlord did not mitigate losses because the landlord re‑leased the premises effective April 1.

Citation
2016 NSSM 24
Parties
Appellant/tenant: GRAEME MAITLAND; Respondent/landlord: TEMPLETON PLACE LIMITED
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 May 2016
Procedural Posture
Small Claims Court Appeal (residential Tenancies) / Decision on Appeal From Director's Order
Outcome
Appeal allowed in part: Landlord ordered to repay $1,485 to Tenant; Tenant's payment obligation of $2,252.50 to Landlord stayed until landlord pays the $1,485; no costs to either party.
Legal Topics
Security Deposit, Prepaid Rent, Mitigation of Loss, Lease Formation and Variation, Trust Accounts, Statutory Interpretation
Source Language
English
Residential Tenancies Contract Law Administrative Law Property Law Security Deposit Prepaid Rent Mitigation of Loss Lease Formation and Variation +2 more

Case Brief

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Parties

GRAEME MAITLAND

Appellant/tenant

TEMPLETON PLACE LIMITED

Respondent/landlord

Procedural Posture

Small Claims Court Appeal (residential Tenancies) / Decision on Appeal From Director's Order

Legal Issues

  1. 1 Whether the lease was converted from year-to-year to month-to-month (ground withdrawn)
  2. 2 Whether the landlord properly mitigated its loss
  3. 3 Whether the payment described as prepaid rent constituted a security deposit under the Residential Tenancies Act

Ratio Decidendi

The three months' payment made in addition to the contract monthly rent was, by operation of s.12(1), a security deposit; the landlord accepted more than the one-half monthly rent limit in s.12(2) and failed to comply with trust and return requirements, so the excess $1,485 must be repaid to the tenant; the appellant failed to prove the landlord did not mitigate losses because the landlord re‑leased the premises effective April 1.

Court Disposition

Appeal allowed in part: Landlord ordered to repay $1,485 to Tenant; Tenant's payment obligation of $2,252.50 to Landlord stayed until landlord pays the $1,485; no costs to either party.

Orders

  • Landlord pay Tenant $1,485.00.
  • Tenant pay Landlord $2,252.50 but this obligation is stayed until the Landlord has first paid the Tenant $1,485.00.