LD25-138

Landlord application · eviction, rent arrears. Outcome: granted. I find that the Tenant and all occupants must vacate the Unit for non-payment of rent.

Linked prior order: LD25-139

Order text

Orders of the Director of Residential Tenancy
Docket 25-240 April 15, 2025
INTRODUCTION
[1] The Landlord seeks an order requiring the Tenant and all occupants to vacate the Unit for nonpayment of rent.
DISPOSITION
[2] I find that the Tenant and all occupants must vacate the Unit for non-payment of rent.
BACKGROUND
[3] The Unit is a bedroom with shared kitchen and bathroom facilities in a five-unit building (the “Residential Property”). The Tenant moved into the Unit before the Landlord started managing the Residential Property. The Tenant paid a $650.00 security deposit.
[4] The parties entered into a written, month-to-month tenancy agreement for the Unit dated January 1, 2025. Rent of $650.00 is due on the first day of the month.
[5] On March 4, 2025 the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of March 24, 2025 (the “Notice”) for non-payment of March 2025 rent.
[6] On March 25, 2025 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”) seeking vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is the subject of this decision.
The Application also seeks rent owing, which is the subject of Order LD25-139.
[7] On March 31, 2025 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for April 15, 2025.
[8] On April 11, 2025 the Rental Office emailed the parties a 32-page evidence package.
[9] On April 15, 2025 the Landlord’s representative joined the teleconference hearing for determination of the Application. I telephoned the Tenant and left a voicemail message regarding the hearing and I emailed the Tenant an additional copy of the notice of hearing. About ten minutes after the scheduled hearing time I proceeded with the hearing in the Tenant’s absence. The Landlord provided additional documentary evidence during the hearing.
ISSUE
A. Must the Tenant and all occupants vacate the Unit?
ANALYSIS
[10] The Landlord’s reason for terminating the tenancy is under subsection 60(1) of the Residential Tenancy Act (the “Act”), which states:
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.
[11] The Tenant was responsible for paying March 2025 rent to the Landlord by March 1, 2025.
[12] The Tenant did not pay March rent, in the amount of $650.00, until March 28, 2025, 24 days after the Notice was served.

Orders of the Director of Residential Tenancy

[13] Therefore, the Notice was not invalidated under clause 60(4)(a) of the Act, which states:
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.
[14] The Tenant did not serve the Landlord with an application disputing the Notice.
[15] The evidence does not establish that the Notice was waived, the tenancy was reinstated or a new tenancy was created under section 74 of the Act.
[16] The Tenant has not paid the Landlord April 2025 rent.
[17] For these reasons, I find that the Notice is valid and the Application is allowed.
[18] The Tenant and all occupants must vacate the Unit by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The tenancy between the parties will terminate effective 5:00 p.m. on April 22, 2025.
2. The Tenant and all occupants must vacate the Unit by this time and date.
3. 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 15th day of April, 2025.
(sgd.) Andrew Cudmore Andrew Cudmore 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.