Kalinin v. Arnold

Kalinin v. Arnold Court Small Claims Court Date 2025-02-25 Citation 2025 NSSM 12 Docket SCAR 538870 Judge/Registrar/Adjudicator Sarah A. Shiels (Adjudicator) Document Type Decision Decision Content Small Claims Court OF NOVA SCOTIA Citation: Kalinin v. Arnold, 2025 NSSM 12 Date: 20250225 Docket: SCAR 538870 Registry: Annapolis Royal Between: Cody Kalinin v. Connie Arnold Adjudicator: Sarah A. Shiels Heard: February 11, 2025 Decision: February 25, 2025 Counsel: Cody Kalinin, self-represented Connie Arnold, self-represented By the Court: Introduction [1] This is an appeal of an order of the Director of Residential Tenancies dated December 2, 2024. The effect of the order was to terminate the appellant Cody Kalinin’s tenancy effective December 12, 2024. Mr. Kalinin brings this appeal on the basis that the respondent landlord, Connie Arnold, refused to allow an adjournment requested by the Director and that the power reconnection issue has been solved. Facts [2] Mr. Kalinin attended the hearing and testified on his own behalf. The landlord, Connie Arnold, also testified on her own behalf. [3] In contrast to the Director’s decision, this Court finds that the term of the lease was year-to-year, as submitted by Mr. Kalinin and as provided by sections 8A and 19 of the lease dated May 6, 2024. According to section 13 of the lease, electricity was not included in the rent. A codicil to

the lease also indicated NS Power was to be transferred into the tenants’ name(s). [4] The lease is for a townhouse adjoining the landlord’s property. [5] The Court accepts Mr. Kalinin’s evidence that the power was working as of the date of the appeal hearing and that “the pipes never went below freezing”. However, the Court also finds that as of early October, 2024 the power to Mr. Kalinin’s rental unit stopped working for a two month period. Law [6] Section 9(1) of the Residential Tenancies Act, RSNS 1989, c 401 lists conditions that are deemed to apply to residential tenancies in Nova Scotia. Included in this list is a condition that the behaviour of the tenant shall not interfere with the possession or occupancy of the landlord: Good Behaviour - A landlord or tenant shall conduct himself in such a manner as not to interfere with the possession or occupancy of the tenant or of the landlord and the other tenants, respectively. Analysis [7] As a tenant, it was Mr. Kalinin’s responsibility to ensure that power to the rental unit was maintained during the term of their tenancy. [8] The tenants, Mr. Kalinin and his spouse, were successful in restoring power, but this did not happen immediately and the property went without power for a period of two months. [9] The landlord had a reasonable expectation that her tenants would ensure a working power connection. The loss of power to

the rental premises put the landlord’s property at risk and presented a potential safety hazard to all residents of the duplex. The Court finds that the tenant’s conduct interfered with the possession and occupation of the premises by the landlord. The tenant’s conduct fell short of the tenant’s statutory obligations and is sufficient grounds for termination. Conclusion [10] The Court will uphold the Director’s order except that Mr. Kalinin shall be required to vacate the premises by Saturday, March 8, 2025. Sarah A. Shiels, Small Claims Court Adjudicator