What is the test for mental health issues to be considered bad behaviour by a landlord in a residential unit?
Nova Scotia, Canada
The following excerpt is from Landlord DL v. Tenant RM, 2020 NSSM 25 (CanLII):
It has been said that while a tenants’s unit is their castle, they are not entitled to do and say as they please once they exit their door: Colley v. Metro Regional Housing Authority 2019 NSSM 24 at para.26. But what if they are driven by mental illness that leads to conduct which would in normal course be considered bad behaviour? Are the landlord or neighbours obligated to live with and endure such conduct? This is the question addressed in this case.
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