Graves v. Keenan

Graves v. Keenan

The adjudicator dismissed the landlord's appeal because the landlord failed to prove on a balance of probabilities that the tenant's dogs caused the majority of the observed damage and because full replacement costs were unreasonable absent proof of diminished rental or resale value and failure to mitigate; accordingly the Residential Tenancies Officer's allowance for depreciation was upheld and the tenant's deposit returned less $500 in damages.

Citation
2017 NSSM 9
Parties
Appellant (landlord): Stephen Graves; Respondent (tenant): Adam Keenan
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 February 2017
Procedural Posture
Appeal From Order of the Director of Residential Tenancies (small Claims Court) / Decision on Appeal (reasons and Order Rendered)
Outcome
Appeal dismissed; Residential Tenancies Officer's order affirmed; landlord ordered to return security deposit less assessed damages.
Legal Topics
Security Deposit, Pet Damage, Statutory Conditions, Lease Enforceability, Mitigation of Damages, Measure of Damages, Burden of Proof, Evidence/photographs
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Law Property Law Small Claims Court Procedure Security Deposit Pet Damage Statutory Conditions +5 more

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Parties

Stephen Graves

Appellant (landlord)

Adam Keenan

Respondent (tenant)

Procedural Posture

Appeal From Order of the Director of Residential Tenancies (small Claims Court) / Decision on Appeal (reasons and Order Rendered)

Legal Issues

  1. 1 Whether tenant's dogs caused damage exceeding ordinary wear and tear
  2. 2 Whether landlord proved entitlement to full replacement costs for hardwood flooring and stairs
  3. 3 Whether the excess security deposit was lawful

Ratio Decidendi

The adjudicator dismissed the landlord's appeal because the landlord failed to prove on a balance of probabilities that the tenant's dogs caused the majority of the observed damage and because full replacement costs were unreasonable absent proof of diminished rental or resale value and failure to mitigate; accordingly the Residential Tenancies Officer's allowance for depreciation was upheld and the tenant's deposit returned less $500 in damages.

Court Disposition

Appeal dismissed; Residential Tenancies Officer's order affirmed; landlord ordered to return security deposit less assessed damages.

Orders

  • Appeal dismissed
  • Landlord ordered to return $1,300.00 to the Tenant (security deposit $1,800.00 less $500.00 in damages)