LD24-166

Landlord application · eviction, rent arrears. Outcome: granted. A. The Tenant shall pay the Landlord $1,400.00 by June 12, 2024.

Linked prior order: LD24-165

Order text

Orders of the Director of Residential Tenancy
Docket 24-266 May 23, 2024
Introduction
[1] On April 25, 2024, the Landlord filed a Landlord Application to Determine Dispute (Form 2(B)) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application seeks that the Tenant pay outstanding rent pursuant to the Residential Tenancy Act (the “Act”), which is the subject of this Order.
[2] The Application also requests the Tenant to vacate the Rental Unit which is the subject of Order
LD24-165.
[3] Attached with the Application was an Eviction Notice (Form 4(A)) (the “Notice”) dated April 5, 2024, for effect April 25, 2024. The Notice was given to the Tenant for the following reasons:
i. You have not paid your rent in the amount of $700.00; and
ii. You have not paid the security deposit.
[4] On May 16, 2024, at 1:00 p.m., a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”). A Landlord representative (the “Representative”) and legal counsel for the Landlord appeared, representing the Landlord. The Tenant appeared representing himself.
Issue to be Decided
i. Does the Tenant owe the Landlord rent?
Summary of the Evidence
[5] On March 4, 2024, the parties entered into an oral month-to-month tenancy agreement for the Rental Unit, which consists of a room rental and shared common spaces. Rent is $700.00 due on the first day of the month. A security deposit of $700.00 was required to be paid, however the parties are disputing if it had been paid.
Landlord’s Evidence and Submissions
[6] The Representative stated that rent for March 2024 in the amount of $700.00 was paid by a thirdparty by cheque. He stated the Tenant did not pay the security deposit or rent for April or May.
The Representative stated if the Tenant wished to pay rent for April or May then it could be sent via e-transfer to the Landlord as opposed to paying cash to the Representative.
Tenant’s Evidence and Submissions
[7] The Tenant stated rent for March 2024 was paid by a third-party by cheque. He stated he paid the $700.00 security deposit in cash to the Representative but was not provided with any receipts. He stated he does not have any documentation to show that he paid the security deposit. The Tenant stated he did not pay rent for April or May because the Representative refused to provide receipts.
He stated he would e-transfer rent for April and the Landlord could use the security deposit for May’s rent. The Tenant stated he would be vacating by the end of May.
Post Hearing Evidence and Submissions
[8] The Landlord’s legal counsel emailed the Rental Office on May 21, 2024, and stated that as of that date, no further rent had been paid by the Tenant. The Tenant was provided the opportunity to reply to this submission by 12:00 pm on May 23, 2024, however no reply was received.

Orders of the Director of Residential Tenancy

Analysis
Does the Tenant owe the Landlord rent?
[9] The Application seeks an order directing the Tenant to pay outstanding rent. In such matters it is the landlord’s burden to prove, on a balance of probabilities, the claims made in the Application.
This means the landlord must provide the decision-maker with sufficiently clear and convincing evidence to support their claims. The Act states:
19. Tenant shall pay rent when due
(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.
[10] The Officer finds that the evidence establishes that the Tenant did not pay rent for April 2024 or May 2024, in the amount of $700.00 x 2 = $1,400.00. Both parties agreed that rent had not been paid for April or May, however the Tenant stated he would pay the rent for April by e-transfer after the hearing. As of the date of this Order, there has been no evidence that rent for April or May has been paid. The Officer finds that the Landlord has established the Tenant owes the Landlord $1,400.00 in rent.
Conclusion
[11] The Application is allowed.
[12] The Tenant shall pay the Landlord $1,400.00 by June 12, 2024.
IT IS THEREFORE ORDERED THAT
A. The Tenant shall pay the Landlord $1,400.00 by June 12, 2024.
DATED at Charlottetown, Prince Edward Island, this 23rd day of May, 2024.
(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.