Hebert v. West

Hebert v. West

Tenant was in significant rent arrears and caused property damage and municipal violations; there was no agreement obliging the landlord to reimburse the tenant for improvements or cleanup; accordingly the Director's monetary award was varied upward to reflect correct rent calculation and a new termination date was set, resulting in a total order of $2,240.25 and vacant possession by July 10, 2013 at 11:59 p.m.

Citation
2013 NSSM 42
Parties
Tenant (appellant): CATHY HEBERT; Landlord (respondent): JOANNE WEST
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 July 2013
Procedural Posture
Appeal From Order of the Director of Residential Tenancies to Small Claims Court / Appeal Hearing and Decision
Outcome
Appeal allowed in part; Director's order varied and increased to $2,240.25; tenancy termination and vacant possession set for July 10, 2013 at 11:59 p.m.
Legal Topics
Termination of Tenancy, Rent Arrears, Compensation for Improvements, Municipal Property Orders, Vacant Possession, Set Off and Reimbursement
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Court Property Damage Termination of Tenancy Rent Arrears Compensation for Improvements Municipal Property Orders +2 more

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Parties

CATHY HEBERT

Tenant (appellant)

JOANNE WEST

Landlord (respondent)

Procedural Posture

Appeal From Order of the Director of Residential Tenancies to Small Claims Court / Appeal Hearing and Decision

Legal Issues

  1. 1 Whether the tenant owed rent arrears and other monetary obligations to the landlord
  2. 2 Whether the tenant was entitled to reimbursement for work and improvements she performed without agreement
  3. 3 Whether the Director of Residential Tenancies' order should be varied and the termination date reset

Ratio Decidendi

Tenant was in significant rent arrears and caused property damage and municipal violations; there was no agreement obliging the landlord to reimburse the tenant for improvements or cleanup; accordingly the Director's monetary award was varied upward to reflect correct rent calculation and a new termination date was set, resulting in a total order of $2,240.25 and vacant possession by July 10, 2013 at 11:59 p.m.

Court Disposition

Appeal allowed in part; Director's order varied and increased to $2,240.25; tenancy termination and vacant possession set for July 10, 2013 at 11:59 p.m.

Orders

  • Tenant ordered to pay Landlord $2,240.25.
  • Tenant to vacate premises and give vacant possession by July 10, 2013 at 11:59 p.m.