LD23-437

Landlord application · eviction, rent arrears. Outcome: partial. A. The Tenant shall pay the Landlord the outstanding rent in the amount of $1,300.00 forthwith upon receipt of this Order. B. A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted by the Act.

Order text

Orders of the Director of Residential Tenancy
Docket 23-633 and 23-634 September 18, 2023
Introduction
[1] On August 28, 2023, the Landlord filed a Landlord Application to Determine Dispute (Form 2B) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application was filed:
To request an order directing my tenant to pay outstanding rent; and To request my tenant vacate the rental unit and ordering the Sheriff to put me into possession of the rental unit.
[2] Attached to the Application was an Eviction Notice (Form 4A) dated August 1, 2023, effective August 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 $1,300.00.
[3] On August 1, 2023, the Landlord served the Notice on the Tenant by posting it to the Tenant’s door.
On August 29, 2023, the Landlord served the Application on the Tenant by posting it to the Tenant’s door.
[4] On September 5, 2023, a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”). The Tenant did not participate. After the hearing, the Representative notified the Rental Office that the Tenant had vacated the Residential Property. Therefore, the Officer does not need to make a determination if the Sheriff is required to put the Landlord into possession of the rental unit.
Issue to be Decided
i. Does the Tenant owe the Landlord rent?
Summary of the Evidence
[5] On March 1, 2023, the Landlord and Tenant entered into a written fixed-term tenancy agreement for the Residential Property. The Residential Property consists of half of a duplex. Rent is $1,300.00 per month due on the last day of each month for the next month’s rent. A security deposit of $800.00 was required and paid.
Landlord’s Evidence and Submissions
[6] The Representative stated the Tenant is always late paying rent. She stated the Tenant failed to pay rent for August 2023 in the amount of $1,300.00 by July 31, 2023. The Representative stated she posted an eviction notice on the Tenant’s door on August 1, 2023, for failure to pay rent for August 2023.
[7] The Representative stated she posted a copy of the Application on the Tenant’s door on August 29, 2023. Later that day the Representative noticed that the Tenant was trying to sell the washer and dryer from the unit on Facebook. The Representative called the police and attended the Residential Property with the police. August 29, 2023, was the last time the Representative spoke to the Tenant.

Orders of the Director of Residential Tenancy
Docket 23-633 and 23-634 September 18, 2023
Analysis
[8] The Act states:
Tenant shall pay rent when due
19. (1) A tenant shall pay rent when it is due under the tenancy agreement, whether or not the landlord complies with this Act, the regulations or the tenancy agreement, unless the tenant has an express right under this Act to deduct or withhold all or a portion of the rent.
Powers of the Director
85.(1) After hearing an application, the Director may make an order
(b) directing the payment or repayment of money from a landlord to a tenant or from a tenant to a landlord.
[9] Based on the undisputed testimony of the Landlord, the Officer finds that the Tenant failed to pay rent for August 2023 and owes the Landlord $1,300.00.
Conclusion
[10] The Application is allowed in part.
[11] The Tenant shall pay the Landlord the outstanding rent in the amount of $1,300.00 forthwith upon receipt of this Order.
IT IS THEREFORE ORDERED THAT
A. The Tenant shall pay the Landlord the outstanding rent in the amount of $1,300.00 forthwith upon receipt of this Order.
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 18th day of September, 2023.
(sgd.) Mitchell King Mitchell King 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 20 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.