Residential Tenancies Act protects tenants from arbitrary or unjustified eviction: court
The Supreme Court of Nova Scotia upheld a lower court's decision denying a landlord's request to terminate a long-term tenancy, emphasizing that landlords must demonstrate a compelling and good-faith need for possession under the Residential Tenancies Act.
The appeal arose from a small claims court decision in which the adjudicator found the landlord failed to demonstrate a genuine need for the apartment. The tenant, who had lived in the unit for over 17 years without breach of lease terms, opposed the termination. The landlord argued that the unit was required for a family member, citing financial concerns and proximity needs. However, the court noted that the evidence presented did not meet the statutory good faith requirement.
The Supreme Court explained that the act requires landlords to show more than an intent to use the unit for family occupancy. They must establish a compelling, good-faith need for the premises. The landlord's arguments included financial hardships linked to rental income caps and the desire to house a family member closer to other relatives. However, the landlord failed to provide detailed evidence to substantiate these claims or demonstrate why alternative accommodations in the same building were unsuitable.
The court also denied the landlord's request to submit fresh evidence on appeal. The court noted that the evidence available during the initial hearing was neither new nor sufficiently compelling to justify reopening the case. The court emphasized that the landlord appeared more focused on asserting property rights than meeting the statutory burden required under the act.
The court noted that s. 10(8)(f)(i) of the Residential Tenancies Act ensures that landlords seeking possession of rental units must provide clear evidence of good faith and genuine need, safeguarding tenants from arbitrary or unjustified eviction. Ultimately, the court's judgment means that the tenant will retain occupancy of the unit.
