N.S. student tenants: Saga of mouse-infested rooms shows need for tougher tenancy law
Two Nova Scotia students who spent eight months fighting to be repaid rent after they departed their mouse-infested apartment say their case emphasizes the need for legal reforms to protect tenants.
Kavita Krueger, Hayley Inglis and Mackenzie Cornfield won a small claims court case to have excessive security deposits and improper fees refunded, but they say the Nova Scotia's Residential Tenancies Act lacks sufficient penalties to bring an end to these practices.
Inglis and Krueger said in interviews Tuesday they left the student housing in south end Halifax last December following a mouse infestation, saying a doctor's note obtained about health impacts of the infestation permitted them to give one month's notice.
However, it took decisions from the province's director of residential tenancies and a small claims court before they were repaid security deposits that had exceeded the maximum permitted under the law -- half a month's rent.
Krueger, a 22-year Dalhousie University student studying neuroscience, said the province is not adequately overseeing the tenancies law, and legal reform is long overdue. "There's nothing preventing landlords from doing whatever they want," she said. Inglis, a 25-year-old former Dalhousie student who is now working in Kamloops, B.C., said there need to be higher and more frequent fines for breaches of the legislation.
Cornfield was unavailable for comment.
After the Aug. 9 court order, Krueger was repaid a $75 "application fee" charged by the landlord and two months rent -- totalling $1,480 -- that the landlord had collected through an automatic debit on Jan. 1 and Feb. 1, 2021 after the students had moved out. The court document says Inglis and Cornfield were each repaid the same application fee as well as $670 each that was deemed an excessive security deposit.
The small claims court adjudicator rejected the landlord's argument that the Residential Tenancies Act allows charging some advance rent beyond the security deposit.
The landlord, David MacAdams, said in an interview Tuesday he didn't believe before the hearing it was illegal for tenants to provide advance rent that exceeds a security deposit. He said the application fees charged help cover administrative costs and are normally refunded.
MacAdams said he will nonetheless comply with the court order and stop the practice of asking for advance rent and application fees. Regarding reform to the law, he said: "I really doubt there really are problems out there. I'm not aware of any big problems out there."
However, the Dalhousie Legal Aid service -- which represented the students -- says their case illustrates how residential tenancies legislation is biased against tenants. It says a $1,000 penalty that can be assessed for breaches of the act's provisions hasn't been applied in over 15 years.
"We receive numerous phone calls from students every year about illegal leasing practices, and the situation keeps getting worse," said Mark Culligan, community legal worker at Dalhousie Legal Aid. "Nova Scotia needs a system of landlord licensing or administrative fines."
Kevin Russell, the director of the Investment Property Owners Association of Nova Scotia, agreed the legislation is in need of reform but said tenants and landlords have similar complaints.
"Landlords experience the identical issues that tenants experience, going through a lengthy hearing process followed by a protracted small claims court appeal process before receiving an outcome on cases involving thousands of dollars in unpaid rent and damages," he wrote in an email Tuesday. He said his group has called for an enforcement unit in Nova Scotia based on a model established in British Columbia two years ago.
Colton LeBlanc, the recently appointed Service Nova Scotia minister, said in a telephone interview Tuesday the new Progressive Conservative government intends to work on updating the legislation in this mandate.
"There's many complexities to the act. This issue has been raised, and it's on our list to review as part of our work to modernize the act," he said.
On Wednesday, as part of a housing announcement by Premier Tim Houston, the government unveiled legislative changes to streamline the security deposit claim process so it is easier for tenants to recover their deposits.
Blaise Theriault, a spokesman for Service Nova Scotia, said the department doesn't keep statistics on the number of fines levied under the Residential Tenancies Act.
This report by The Canadian Press was first published Oct. 21, 2021.
CTVNews.ca Top Stories
Montreal doctors' breakthrough discovery about causes of cerebral palsy giving hope
A breakthrough discovery made by doctors at the Montreal Children's Hospital about the causes of cerebral palsy is giving new hope to one West Island family.
Weather alerts issued for 7 provinces, 1 territory
Warnings of up to 60 millimetres of rain and other alerts have been issued for seven Canadian provinces and one territory ahead of the Easter weekend.
Ontario homeowner on the hook for $27,000 when contractor severed power line
An Ontario man who built a garage on his property has been locked in a battle with his electricity provider for a year and half over a severed power line.
For years she thought her son had died of an overdose. The police video changed all that
Austin Hunter Turner died in 2017, on a night that his mother has rewound and replayed again and again, trying to make sense of what happened.
Feeling older than you are? It could be how you sleep
Not getting enough sleep may cause you to feel five to 10 years older than you really are, according to two new studies.
OPP seize $7.5 million worth of drugs in eastern Ontario
The Upper Ottawa Valley Detachment of the Ontario Provincial Police says one person is facing multiple charges after a traffic complaint on Highway 17 in Head Clara Maria Township.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
Why Kim Kardashian is being sued for 'knockoff' furniture
The estate of minimalist contemporary artist Donald Judd filed a lawsuit against Kardashian this week, claiming the fashion and beauty mogul promoted 'cheap knockoffs' of his furniture designs.
Where is the worst place for allergy sufferers in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.