Ma v. Lin

Ma v. Lin

Tenant's repudiation failed because he inspected the premises and paid after inspection, provided no substantiating evidence of any defect, did not give the statutory one month's notice required for a month-to-month tenancy under Residential Tenancies Act s.10(1)(b)(ii), and the landlord made reasonable efforts to mitigate; therefore tenant is not entitled to return of the rent and the security deposit may be applied to the second month's rent; the tenant's application is dismissed and the Director's order is confirmed.

Citation
2025 NSSM 23
Parties
Appellant (tenant): Weining Ma; Respondent (landlord): Xuejing Lin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 April 2025
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal (de Novo)
Outcome
Appeal dismissed; the Order of the Director of Residential Tenancies dated January 23, 2025 is confirmed; tenant's application for return of money is dismissed.
Legal Topics
Termination of Tenancy, Notice to Quit, Security Deposit, Repudiation of Contract, Mitigation of Damages, Return of Rent
Source Language
English
Residential Tenancies Landlord and Tenant Contract Law Property Law Small Claims Court Termination of Tenancy Notice to Quit Security Deposit +3 more

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Parties

Weining Ma

Appellant (tenant)

Xuejing Lin

Respondent (landlord)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal (de Novo)

Legal Issues

  1. 1 Whether the tenant validly repudiated the tenancy
  2. 2 Whether the tenant was entitled to return of rent and security deposit
  3. 3 Whether the tenant gave the required one month's notice for a month-to-month tenancy

Ratio Decidendi

Tenant's repudiation failed because he inspected the premises and paid after inspection, provided no substantiating evidence of any defect, did not give the statutory one month's notice required for a month-to-month tenancy under Residential Tenancies Act s.10(1)(b)(ii), and the landlord made reasonable efforts to mitigate; therefore tenant is not entitled to return of the rent and the security deposit may be applied to the second month's rent; the tenant's application is dismissed and the Director's order is confirmed.

Court Disposition

Appeal dismissed; the Order of the Director of Residential Tenancies dated January 23, 2025 is confirmed; tenant's application for return of money is dismissed.

Orders

  • Order of the Director of Residential Tenancies dated January 23, 2025 is confirmed
  • Tenant's application for the return of money is dismissed