A Nova Scotia court has upheld the eviction of a longtime Halifax tenant after finding his repeated 'racist' remarks and confrontational behaviour toward South Asian neighbours violated provincial tenancy rules requiring “good behaviour.”“The tenant’s repeated racist remarks and disruptive conduct substantially interfered with another tenant’s peaceful occupation of her home and therefore constitute a breach of the ‘good behaviour’ condition,” wrote Small Claims adjudicator Ryan Clements.Blacklock's Reporter said the 52-year-old tenant was given 30 days to leave the building at 451 Herring Cove Road.Nova Scotia’s Residential Tenancies Act requires both landlords and tenants to behave in a manner that does not interfere with the occupancy of others.“A landlord or tenant shall conduct himself in such a manner as to not interfere with the possession or occupancy of the tenant or of the landlord and other tenants,” reads the provision.Evidence showed the unnamed man had lived in the two-storey building for a decade without incident and had never missed a rent payment. Problems began after a South Asian family moved into the building, according to the ruling.Seven witnesses testified about repeated confrontations and derogatory comments made by the tenant.“On approximately 15 to 20 occasions over the past two years he shouted comments such as, ‘Go back to your country’ and ‘You Indians are idiots,’” wrote the Court.“On one occasion he yelled, ‘I will see you guys’ and ‘I will punch your face.’”.One witness testified the man blamed immigrants for bringing insects into the building. Another said he complained that “foreigners were rattling his doorknob.”The landlord sought an eviction order but did not request damages.Clements ruled the repeated behaviour substantially interfered with another tenant's ability to peacefully occupy her home and was sufficient to breach the tenancy agreement.The decision follows a 2019 Nova Scotia case that found the legal requirement for “good behaviour” extends beyond criminal activity, threats or property damage.“A tenant’s unit may be his or her castle but the right to conduct themselves as they please ends once they exit their unit door,” the Court wrote in Colley v. Metro Regional Housing Authority.That case upheld the eviction of a public housing tenant who repeatedly asked neighbours for cigarettes and spare change and told a caretaker to “go f—k yourself.”The Court concluded persistent incivility could be sufficient grounds for terminating a tenancy.“Good behaviour extends beyond merely refraining from threatening to commit physical or property damage,” said the ruling.“It extends to the niceties of social discourse and conduct, and to obscene or racial epithets or overbearing discourteous conduct, at least when conducted on a repeated basis.”
