Leblanc v. Markos

Leblanc v. Markos

Evidence did not establish that occupants were unauthorized in a manner justifying termination or that the tenant caused the cockroach infestation; clutter did not amount to unclean conditions; while tenant cooperation for pest control is required, non-cooperation without further proof did not justify terminating the tenancy, therefore the appeal is dismissed and the Director's order is confirmed.

Citation
2023 NSSM 74
Parties
Appellant (landlord): Shannon LeBlanc; Appellant (landlord): Kevin LeBlanc; Respondent (tenant): Mearig Fasil Markos
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 September 2023
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision (appeal Dismissed)
Outcome
Appeal dismissed; Order of the Director of Residential Tenancies confirmed.
Legal Topics
Termination of Tenancy, Unauthorized Occupants/occupancy, Overcrowding, Pest Infestation and Responsibility, Tenant Cooperation for Pest Control, Rent Arrears, Illegal Rent Increase, Early Payment Discount
Source Language
English
Residential Tenancies Landlord and Tenant Law Housing Administrative Law Termination of Tenancy Unauthorized Occupants/occupancy Overcrowding Pest Infestation and Responsibility +4 more

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Parties

Shannon LeBlanc

Appellant (landlord)

Kevin LeBlanc

Appellant (landlord)

Mearig Fasil Markos

Respondent (tenant)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether tenancy may be terminated for presence of occupants not named on the lease
  2. 2 Whether tenant was responsible for cockroach infestation and whether non-cooperation justified termination
  3. 3 Whether alleged rental arrears or illegal rent increase affected termination decision

Ratio Decidendi

Evidence did not establish that occupants were unauthorized in a manner justifying termination or that the tenant caused the cockroach infestation; clutter did not amount to unclean conditions; while tenant cooperation for pest control is required, non-cooperation without further proof did not justify terminating the tenancy, therefore the appeal is dismissed and the Director's order is confirmed.

Court Disposition

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

Orders

  • Appeal dismissed; Order of the Director of Residential Tenancies dated August 18, 2023 is confirmed.