Small Claims Court

Claim No: SCCH 280980

Date:20070629

                               IN THE SMALL CLAIMS COURT OF NOVA SCOTIA

Cite as: Norris v. Dow & Duggan Log Homes International Ltd., 2007 NSSM 54

BETWEEN:

Revised Decision: The text of the original decision has been revised to remove addresses and phone numbers of the parties on September 19, 2007. This decision replaces the previously distributed decision.

                                                        ORDER AND DECISION

(1)               This proceeding was heard on June 26, 2007.

(2)               The Appellant Tenant, Stephanie Norris (Norris), appeals the decision of the Director of Residential Tenancies.

(3)               The Respondent in this proceeding is the Landlord, Dow & Duggan Log Homes International Ltd. (Dow & Duggan).

(4)               This case involves the rental of the second floor, 1796 Prospect Road, by Norris from Dow & Duggan.  There is no written lease.

(5)               Sections 17C and D of the Residential Tenancies Act, R.S., c. 401, s.1, apply.

(6)               Section 17D(1)(b) provides that the Small Claims Court may make any Order that the Director could have made.  Section 17A of the Residential Tenancies Act sets out the various Orders that may be made in proceedings before the Director.

(7)               The Application in this case involved the disposition of a security deposit.  There were no other issues before the Director.  This appeal will, therefore, be restricted to the issue of the disposition of the security deposit.

(8)               Section 12 of the Residential Tenancies Act provides that a landlord may collect a security deposit in an amount up to one-half of the monthly rental and that such security deposit shall be held in trust by the landlord and may be applied to outstanding rent or to expenses incurred in respect of damage to residential premises that are the responsibility of the tenant.  The landlord must credit interest to the tenant at the rate of 12% per annum, compounded annually, while holding the security deposit.

(9)               Pursuant to Sections 12(6) and (7), where the landlord seeks to apply all or part of the security deposit to rent or expenses incurred in respect of damages for which the tenant is responsible, then the landlord is to make an application pursuant to Section 13 of the Act within 10 days of the termination of the lease and, in the absence of such application, the security deposit is to be returned to the tenant. 

(10)           Section 12(5) provides that a claim for damages from a security deposit shall not include any costs associated with ordinary wear and tear of the residential premises.

(11)           The evidence in this case is that the landlord refused to return the security deposit to the tenant on the basis that the interior walls were dirty and required repainting as did the doors, the frames, and brick molds.  There were also nail holes and other spots where the walls and the ceilings had sustained damage.

(12)           Based on the evidence, I find that some of the damages were caused by the prior tenant who occupied the premises between the end of June 2006 and the middle of August 2006 just prior to Norris taking over the tenancy.

(13)           The proven damages in this case are the sum of $150.00 which was the amount paid to the tenant who took over the premises from Norris to paint the interior of the premises.  The paint was also provided by the landlord but no receipts were produced in evidence.  Linda Roach (Roach) testified on behalf of Dow & Duggan that the cost of the paint was $100.00.

(14)           Taking into account all of the circumstances, including the finding as to the extent of the damages in this case, the consideration that the tenant is only responsible for damages beyond reasonable wear and tear and the finding that some of the damages in this case were caused by a prior tenant, I direct that the landlord, Dow & Duggan, return to the tenant, Norris, the sum of $125.00 plus interest, and I permit the landlord to retain the sum of $125.00 to cover costs beyond ordinary wear and tear of the premises and damages caused by Norris.

(15)           Based upon the seven month occupancy of Norris in this case, I calculate the outstanding interest on the security deposit to be $8.75.

(16)           The landlord shall pay to the tenant the total sum of $133.75, representing a portion of the security deposit plus applicable interest.

Dated at Dartmouth, Nova Scotia,

on June 29, 2007.                                                          ______________________________

Patrick L. Casey, Q.C., Adjudicator