Digest: McPherson v Pham, 2018 SKQB 334

Reported as: 2018 SKQB 334

Docket Number: QB18313 , QBG 3190/18 JCR

Court: Court of Queen's Bench

Date: 2018-11-30

Judges:

• Kalmakoff

Subjects:

• Landlord and Tenant � Residential Tenancies Act, 2006

Digest: The appellant appealed the decision of a hearing officer made under the provisions of The Residential Tenancies Act, 2006. The appellant and the respondent signed a one-year fixed term tenancy agreement that would end in September 2018. The respondent was often late paying his rent and in April, he had indicated to the appellant that he would vacate the premises on June 1. However, at that time, the parties were discussing when he would pay his June rent. On June 4, the appellant went to the rental unit when the respondent was not present. She found his belongings and his dog there. She decided that the respondent had abandoned the premises and changed the locks. Because of the dog, the appellant had the suite cleaned and replaced the carpet. She filed a claim for loss of June�s rent and the cleaning and carpet replacement costs and continued to hold the respondent�s security deposit of $1,500. At the hearing, the appellant testified and filed various documents, such as the respondent�s notice that he was leaving, in support of her claim. The respondent testified that he had not abandoned the suite and had been away from it at the time of the appellant�s visit because he was recovering from surgery. The officer dismissed the appellant�s claim and awarded judgment in favour of the respondent in the amount of $750, being one-half of the security...