GSN Construction v. Pajouh

GSN Construction v. Pajouh

Adjudicator found insufficient evidence that tenants caused the kitchen countertop and cabinet damage and attributed that damage to poor installation; found tenants caused the bathroom drywall damage from the bidet sprayer; awarded $1,200 for damages, allowed landlord to retain the $600 security deposit and ordered...

Source-derived case information.

Citation
2022 NSSM 53
Parties
Appellant (landlord): GSN Construction Ltd.; Respondent (tenant): Mohsen Danesh Pajouh; Respondent (tenant): Qudsieh Rabani
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 September 2022
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal (hearing)
Outcome
Appeal allowed in part and Director's order varied: landlord may retain $600 security deposit; tenants ordered to pay additional $600; no costs awarded.
Legal Topics
Tenant Responsibility for Damages, Security Deposit Offset, Repair Cost Assessment, Causation of Damage, Evidence Weight of Estimates
Source Language
english
Residential Tenancies Landlord and Tenant Property Damage Small Claims Court Tenant Responsibility for Damages Security Deposit Offset Repair Cost Assessment Causation of Damage +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

GSN Construction Ltd.

Appellant (landlord)

Mohsen Danesh Pajouh

Respondent (tenant)

Qudsieh Rabani

Respondent (tenant)

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal (hearing)

Legal Issues

  1. 1 Whether tenants caused water damage to kitchen countertop and cabinets
  2. 2 Whether tenants caused bathroom drywall damage from bidet sprayer
  3. 3 Whether landlord entitled to retain security deposit and recover additional damages

Ratio Decidendi

Adjudicator found insufficient evidence that tenants caused the kitchen countertop and cabinet damage and attributed that damage to poor installation; found tenants caused the bathroom drywall damage from the bidet sprayer; awarded $1,200 for damages, allowed landlord to retain the $600 security deposit and ordered tenants to pay an additional $600; no costs awarded.

Court Disposition

Appeal allowed in part and Director's order varied: landlord may retain $600 security deposit; tenants ordered to pay additional $600; no costs awarded.

Orders

  • Landlord may retain the $600.00 security deposit.
  • Tenants are ordered to pay to the landlord the additional sum of $600.00.