Laritz v. Charter Real Estate Advisors Ltd.

Laritz v. Charter Real Estate Advisors Ltd.

Although renovations were undertaken in good faith, the landlord breached statutory conditions by interrupting essential services (loss of water and flooding) without adequate notice, entering the unit without proof of emergency, permitting prolonged disruptive noise and impeding access; these breaches entitled the tenant to a partial rent reimbursement; the fixed-term lease nonetheless allowed the landlord to refuse renewal; $1000 was an appropriate compensation award.

Citation
2012 NSSM 54
Parties
Appellant/tenant: Susan D. Laritz; Respondent/landlord: Charter Real Estate Advisors Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 August 2012
Procedural Posture
Appeal From Director of Residential Tenancies / Hearing De Novo — Decision by Small Claims Court
Outcome
Appeal allowed; Order of Residential Tenancies Director varied; judgment for tenant in amount of $1000; no order as to costs.
Legal Topics
Statutory Conditions, Notice of Entry, Interruption of Services, Rent Abatement, Lease Renewal, Fixed Term Lease, Renovations and Nuisance
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Law Contract Law Statutory Conditions Notice of Entry Interruption of Services Rent Abatement +3 more

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Parties

Susan D. Laritz

Appellant/tenant

Charter Real Estate Advisors Ltd.

Respondent/landlord

Procedural Posture

Appeal From Director of Residential Tenancies / Hearing De Novo — Decision by Small Claims Court

Legal Issues

  1. 1 Was the landlord required to renew the tenant's tenancy at end of fixed term?
  2. 2 Did the landlord breach statutory conditions in s.9(1) of the Residential Tenancies Act?
  3. 3 Were interruptions to water and access, unpermitted entry, and construction noise sufficient to justify rent reimbursement?

Ratio Decidendi

Although renovations were undertaken in good faith, the landlord breached statutory conditions by interrupting essential services (loss of water and flooding) without adequate notice, entering the unit without proof of emergency, permitting prolonged disruptive noise and impeding access; these breaches entitled the tenant to a partial rent reimbursement; the fixed-term lease nonetheless allowed the landlord to refuse renewal; $1000 was an appropriate compensation award.

Court Disposition

Appeal allowed; Order of Residential Tenancies Director varied; judgment for tenant in amount of $1000; no order as to costs.

Orders

  • Tenant awarded $1000 against the Landlord
  • Original order of the Residential Tenancies Director varied