NS Tenancy: Departing roommate utility dispute. Landlord demanding "Full Tank" of oil.

Location: Halifax, Nova Scotia, Canada

The Situation:

• Province: Nova Scotia.

• Tenancy Type: Roommate scenario in a shared house.

• Status: I am an international student moving out of the country on February 26th.

• Forms Served: I served Form G (Notice to Quit) and Form H (Tenant's Notice to Landlord), which the landlord has acknowledged and accepted.

• Continuous Tenancy: The other three roommates are resigning the lease to stay in the house, and a new tenant is arriving in April.

The Dispute:

• Past Payment: I am fully caught up on utilities. My last payment was for a half-fill delivery on December 26th ($283), which covered usage through January.

• New Bill: A new $707 bill (full tank) arrived on February 7th. This tank will likely last 3+ months (through May).

• Landlord's Demand: The landlord is citing a lease clause requiring the oil tank to be "full upon move-out." She is demanding I pay a full 1/4 share of the $707 bill.

• My Position: Since my tenancy ends February 26th and the house is not being delivered vacant (roommates are staying), I believe I am only responsible for a pro-rated share of the Feb 7th delivery for the 19 days I am physically there. I have offered $76 as a final settlement.

The Questions:

1. Does a "full tank" clause apply to a single departing roommate when the lease is being resigned by the remaining tenants?

2. Can the landlord legally withhold from my security deposit to pay for oil that will be used by future tenants in March/April?