Medeiros v. Elliott

Medeiros v. Elliott

Adjudicator preferred the landlords' evidence as to the burned countertop and accepted the replacement cost of $360.50 as reasonable; the adjudicator found the $145 cleaning/driveway charge excessive and allowed only $45; therefore $405.50 was properly deductible from the $500 deposit and $94.50 must be returned to the tenants, and the prior Director's order was set aside.

Citation
2018 NSSM 4
Parties
Tenant (appellant): Janine Medeiros; Landlord (respondent): Arthur Elliott; Landlord (respondent): Donna Elliott
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 January 2018
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (judgment Rendered)
Outcome
Appeal allowed in part; Director's order set aside and substituted with new order returning $94.50 to tenants.
Legal Topics
Security Deposit, Damages, Evidence and Credibility, Res Judicata, Mediation
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Court Security Deposit Damages Evidence and Credibility Res Judicata Mediation

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Parties

Janine Medeiros

Tenant (appellant)

Arthur Elliott

Landlord (respondent)

Donna Elliott

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (judgment Rendered)

Legal Issues

  1. 1 Whether the tenant is entitled to return of the $500 security deposit
  2. 2 Whether the landlord may deduct the cost of replacing the burned countertop from the deposit
  3. 3 Whether the claimed labour and cleaning/driveway oil removal charges are reasonable and deductible

Ratio Decidendi

Adjudicator preferred the landlords' evidence as to the burned countertop and accepted the replacement cost of $360.50 as reasonable; the adjudicator found the $145 cleaning/driveway charge excessive and allowed only $45; therefore $405.50 was properly deductible from the $500 deposit and $94.50 must be returned to the tenants, and the prior Director's order was set aside.

Court Disposition

Appeal allowed in part; Director's order set aside and substituted with new order returning $94.50 to tenants.

Orders

  • Order of the Director of Residential Tenancies set aside
  • Landlords to return $94.50 of the damage deposit to the Tenants