Thiruveedi v. Tynes

Thiruveedi v. Tynes

Because s.12A mandates filing and service of a security deposit claim within ten days of tenancy termination and the landlord did not file or serve the required notice within that period (the October 6 materials were late), the Director’s order requiring return of the $1500 security deposit was correctly made and must be confirmed; the Officer’s email did not grant an extension and the legislation permits no such extension.

Citation
2024 NSSM 90
Parties
Appellant (landlord): VenkataRajeshKumar Thiruveedi; Respondent (tenant): Blaine Tynes; Respondent (tenant): Cherell Diggs
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 December 2024
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Final Determination on Appeal
Outcome
Appeal dismissed; decision of the Director of Residential Tenancies confirmed.
Legal Topics
Security Deposit, Notice Requirement, Filing Deadline, Return of Security Deposit, Compliance With Statutory Procedure
Source Language
English
Residential Tenancies Landlord and Tenant Law Statutory Interpretation Small Claims Security Deposit Notice Requirement Filing Deadline Return of Security Deposit +1 more

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Parties

VenkataRajeshKumar Thiruveedi

Appellant (landlord)

Blaine Tynes

Respondent (tenant)

Cherell Diggs

Respondent (tenant)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Final Determination on Appeal

Legal Issues

  1. 1 Whether the landlord filed and served the required notice of intention to retain the security deposit within ten days of termination of the tenancy as required by statute
  2. 2 Whether the Director’s decision ordering return of the security deposit should be overturned on appeal
  3. 3 Whether the email from the Officer created an extension or waiver of the statutory ten‑day filing requirement

Ratio Decidendi

Because s.12A mandates filing and service of a security deposit claim within ten days of tenancy termination and the landlord did not file or serve the required notice within that period (the October 6 materials were late), the Director’s order requiring return of the $1500 security deposit was correctly made and must be confirmed; the Officer’s email did not grant an extension and the legislation permits no such extension.

Court Disposition

Appeal dismissed; decision of the Director of Residential Tenancies confirmed.

Orders

  • Landlord shall return the $1500.00 security deposit to the Tenants in accordance with the Director’s Order.