LD23-472

Landlord application · eviction. Outcome: granted.

Order text

Orders of the Director of Residential Tenancy
Docket 23-675 October 10, 2023
Introduction
[1] On September 18, 2023, the Landlord filed a Landlord Application to Determine Dispute (Form 2B) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Landlord is seeking the following remedy pursuant to the Act:
To request my tenant vacate the rental unit and ordering the Sheriff to put me in possession of the rental unit.
[2] Attached to the Application was an Eviction Notice (Form 4A) dated September 1, 2023, effective September 20, 2023 (the “Notice”). The Notice was served on the Tenant for the following reason:
You have not paid your rent in the amount of $500.00.
[3] On September 1, 2023, the Landlord served the Notice on the Tenant by posting it on the Tenant’s door. On September 18, 2023, the Landlord served the Application on the Tenant by posting it on the Tenant’s door.
[4] On October 5, 2023, a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”). A representative for the Landlord (the “Representative”) participated in the hearing. The Tenant did not participate in the hearing. The Rental Office attempted to telephone the Tenant before the Officer proceeded with the hearing.
Issue to be Decided
i. Does the Tenant have to vacate the Residential Property due to the Notice?
Summary of the Evidence
[5] The Landlord entered into a verbal month-to-month tenancy agreement with the Tenant on February 1, 2023. The Residential Property is a motel unit. Rent is $1,100.00 per month, due on the first day of each month. A security deposit of $1,100.00 was required and paid.
Landlord’s Evidence and Submissions
[6] The Representative testified that the Tenant’s rent is subsidized by a government assistance program which pays for $850.00 of the monthly rent. The Representative testified that the Tenant has failed to pay the remaining $250.00 portions of rent for the months of August, September, and October of 2023.
[7] The Representative testified that the Tenant remains in the rental unit despite serving the Notice.
Tenant’s Evidence and Submissions
[8] The Tenant did not submit any evidence.
Analysis
[9] The relevant sections of the Act instruct:
Landlord’s right to possession restricted
51.(4) A landlord shall not regain possession of a rental unit unless
(b) the Director has made an order directing the tenant to vacate the rental unit and the order has been sent to the sheriff for enforcement.

Orders of the Director of Residential Tenancy

Landlord's notice for non-payment of rent
60.(1) A landlord may end a tenancy if rent is unpaid after the day it is due, by giving a
notice of termination effective on a date that is not earlier than 20 days after the date the tenant receives the notice.
Tenant may dispute notice or pay unpaid rent
60.(4) Within 10 days after receiving a notice of termination under this section, the tenant may (a) pay the overdue rent, in which case the notice of termination has no effect; or (b) dispute the notice of termination by making an application to the Director under section 75.
Tenant presumed to accept notice
60.(5) Where a tenant who has received a notice of termination under this section does not pay the rent or make an application to the Director in accordance with subsection (4), the tenant (a) is deemed to have accepted that the tenancy ends on the effective date of the
notice of termination; and
(b) shall vacate the rental unit by that date.
Powers of the Director
85.(1) After hearing an application, the Director may make an order
(f) directing a tenant to vacate the rental unit on a specified date.
[10] Based on the totality of the evidence, the Officer finds that the Notice was properly served on the Tenant. The Tenant did not pay the full rent for the months of August, September, and October of 2023, and did not file a ‘Section 75 Application’ (Form 2A) with the Rental Office. The Tenant is therefore deemed to have accepted the Notice, pursuant to subsection 60.(5) of the Act. The Officer therefore finds that the Landlord has established a valid basis for terminating the rental agreement.
[11] The Officer finds based on the evidence that the Notice is valid and the Application is allowed.
Conclusion
[12] The Notice is valid and the Application is allowed.
[13] The tenancy agreement between the parties shall terminate effective 5:00 p.m. on October 17, 2023, and the Tenant and all other occupants shall vacate the Residential Property by this time and date.

Orders of the Director of Residential Tenancy

IT IS THEREFORE ORDERED THAT
A. The tenancy agreement between the parties shall terminate effective 5:00 p.m. on October 17, 2023, and the Tenant and all other occupants shall vacate the Residential Property by this time and date.
B. A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted by the Act.
DATED at Charlottetown, Prince Edward Island, this 10th day of October, 2023.
(sgd.) Colin Trewin Colin Trewin Residential Tenancy Officer
NOTICE
Right to Appeal
This Order can be appealed to the Island Regulatory and Appeals Commission (the “Commission”) by serving a Notice of Appeal with the Commission and every party to this Order within 7 days of this Order. If a document is sent electronically after 5:00 p.m., it is considered received the next day that is not a holiday.
If a document is sent by mail, it is considered served on the third day after mailing.
Filing with the Court
If no appeal has been made within the noted timelines, this Order can be filed with the Supreme Court of Prince Edward Island and enforced as if it were an order of the Court.