Matos v. Brown

Matos v. Brown

The adjudicator found the landlord failed to prove most alleged damage resulted from the tenant's wilful or negligent conduct and that much of the condition was ordinary wear and tear; therefore only limited amounts (repair of speaker holes $60, carpet cleaning $200, garage door seal $37.37, costs $32) were deductible from the $675 security deposit, leaving a judgment for the tenant for $345.63.

Citation
2018 NSSM 81
Parties
Appellant/landlord: Rosemary Matos; Respondent/tenant: Susan Brown
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 January 2018
Procedural Posture
Small Claims Court (residential Tenancies Act Appeal) / Decision
Outcome
Partially allowed: landlord awarded $329.37 from the security deposit; tenant entitled to balance of $345.63; judgment entered for tenant for $345.63.
Legal Topics
Security Deposit, Ordinary Wear and Tear, Damages, Costs, Betterment, Repair, Appeal
Source Language
English
Residential Tenancies Landlord Tenant Law Contract Law Property Damage Small Claims Security Deposit Ordinary Wear and Tear Damages +4 more

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Parties

Rosemary Matos

Appellant/landlord

Susan Brown

Respondent/tenant

Procedural Posture

Small Claims Court (residential Tenancies Act Appeal) / Decision

Legal Issues

  1. 1 Whether alleged damages were caused by the tenant's wilful or negligent acts or were ordinary wear and tear
  2. 2 Whether landlord may deduct claimed amounts from security deposit
  3. 3 Appropriate apportionment of costs and reductions for betterment

Ratio Decidendi

The adjudicator found the landlord failed to prove most alleged damage resulted from the tenant's wilful or negligent conduct and that much of the condition was ordinary wear and tear; therefore only limited amounts (repair of speaker holes $60, carpet cleaning $200, garage door seal $37.37, costs $32) were deductible from the $675 security deposit, leaving a judgment for the tenant for $345.63.

Court Disposition

Partially allowed: landlord awarded $329.37 from the security deposit; tenant entitled to balance of $345.63; judgment entered for tenant for $345.63.

Orders

  • Deduct $329.37 from the security deposit and pay to the landlord
  • Pay the balance of the security deposit $345.63 to the tenant, Dr. Susan Colleen Brown