Durling, Jessome v. Cinar

Durling, Jessome v. Cinar

Adjudicator accepted the landlord's version on the security deposit based on documentary consistency and credibility, held tenants liable for $3,200 in unpaid rent, rejected or reduced many itemised damage claims as unsupported or ordinary wear and tear, assessed global compensatory damages at $400, credited the $700 security deposit, and varied the Director's order to require tenants to pay $2,900.

Citation
2023 NSSM 97
Parties
Tenant: Joan Durling and Wally Jessome; Landlord: Ali Cinar
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 November 2023
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (final Adjudication)
Outcome
Appeal allowed in part; original order varied.
Legal Topics
Security Deposit, Rent Arrears, Property Damages, General Damages, Evidence and Credibility
Source Language
English
Residential Tenancies Landlord and Tenant Property Damage Small Claims Security Deposit Rent Arrears Property Damages General Damages +1 more

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Parties

Joan Durling and Wally Jessome

Tenant

Ali Cinar

Landlord

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (final Adjudication)

Legal Issues

  1. 1 Amount and accounting of the security deposit
  2. 2 Tenant liability for unpaid rent arrears
  3. 3 Assessment and quantum of damages for deterioration and missing items after long tenancy

Ratio Decidendi

Adjudicator accepted the landlord's version on the security deposit based on documentary consistency and credibility, held tenants liable for $3,200 in unpaid rent, rejected or reduced many itemised damage claims as unsupported or ordinary wear and tear, assessed global compensatory damages at $400, credited the $700 security deposit, and varied the Director's order to require tenants to pay $2,900.

Court Disposition

Appeal allowed in part; original order varied.

Orders

  • Order of the Director of Residential Tenancies dated August 31, 2023 is varied to provide that the tenants pay to the landlord the sum of $2,900.00.
  • No costs awarded to either party.