Mintus v. Stewart

Mintus v. Stewart

Adjudicator found tenants credible that they were forced to vacate early due to loss of heat/power and therefore were not liable for March rent; landlord proved only some damages (door and some cleaning/stain compensation) equivalent to the $600.00 security deposit, so landlord may retain the deposit and the balance of the claimed rent and damages is dismissed.

Citation
2018 NSSM 23
Parties
Landlord (appellant): C. Brian Mintus; Tenant (respondent): Brandon Stewart; Tenant (respondent): Chelsea Pellegrini
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 April 2018
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Hearing De Novo on Appeal
Outcome
Appeal allowed in part; Director's order varied to permit landlord to retain security deposit; remainder of claim dismissed.
Legal Topics
Security Deposit, Rent Arrears, Eviction, Damages Assessment, Utility/service Interruption
Source Language
English
Residential Tenancies Landlord Tenant Property Damage Small Claims Court Practice Security Deposit Rent Arrears Eviction Damages Assessment +1 more

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Parties

C. Brian Mintus

Landlord (appellant)

Brandon Stewart

Tenant (respondent)

Chelsea Pellegrini

Tenant (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Hearing De Novo on Appeal

Legal Issues

  1. 1 Whether landlord entitled to one month rent for March 2018
  2. 2 Whether tenants responsible for alleged $1,638.40 in damages and required repairs
  3. 3 Whether landlord cut off heat/electricity and whether that justified tenants leaving early

Ratio Decidendi

Adjudicator found tenants credible that they were forced to vacate early due to loss of heat/power and therefore were not liable for March rent; landlord proved only some damages (door and some cleaning/stain compensation) equivalent to the $600.00 security deposit, so landlord may retain the deposit and the balance of the claimed rent and damages is dismissed.

Court Disposition

Appeal allowed in part; Director's order varied to permit landlord to retain security deposit; remainder of claim dismissed.

Orders

  • Order of Director of Residential Tenancies dated March 27, 2018 is varied.
  • Landlord shall retain the $600.00 security deposit.