Court ruling prevents Dartmouth landlords from moving family out to move daughter in
Security of tenancy, housing crisis cited as key reasons by small claims court adjudicator
Property owners in Dartmouth, N.S., can’t move a family out of the duplex it has rented for 13 years in order to move their daughter in.
A small claims court adjudicator said it would be inappropriate to disrupt the living arrangements for the family of six.
In his decision last month, Darrel Pink noted factors including how long the tenants have lived there and the shortage of housing alternatives.
A lawyer who represents tenants said the decision sets a precedent and sends a strong message to people in similar situations.
“It sends a message that your tenure is important, and that we need to take the housing crisis into account when making these kinds of decisions,” said Tammy Wohler of Nova Scotia Legal Aid.
The renters, Kristen Berglund and Jyelee Simmonds, have four children.
Two teenage boys share one room. A three-year-old girl and a recently adopted baby girl will share another room.
Berglund, who was looking for other rental units but couldn’t find any, said she was worried about being homeless if the family had to leave right away.
“Terminating a tenancy when a family may have no safe place to move is something this Court will try to avoid,” the decision said. …[Continue Reading]