LD25-057

Landlord application · eviction, rent arrears. Outcome: granted. The Tenant and all occupants must vacate the Unit due to unpaid rent.

Linked prior order: LD25-058

Order text

Order of The Director of Residential Tenancy
Docket 25-094 February 24, 2025
INTRODUCTION
[1] The Landlord seeks vacant possession of the Unit and for the Sheriff to put the Landlord in possession of the Unit.
DISPOSITION
[2] The Tenant and all occupants must vacate the Unit due to unpaid rent.
BACKGROUND
[3] The parties entered into a written, fixed-term tenancy agreement for the Unit from October 1, 2024, to May 31, 2025. Rent of $1,400.00 is due on the first day of the month. The Tenant did not pay the $1,400.00 security deposit.
[4] On January 7, 2025, the Landlord served the Tenant with a Form 4 (A) Eviction Notice with an effective date of January 27, 2025 (the “First Notice”) for the following reasons:
You have not paid your rent in the amount of $2800;
You have not paid the security deposit;
You are repeatedly late in paying rent;
You or someone you have allowed on the property have disturbed, endangered others, or put the landlord’s property at significant risk;
You or someone you have allowed on the property has caused damage to the rental unit;
You have not repaired damage to the rental unit;
You have failed to comply with a material term of the tenancy agreement despite written warning.
The Particulars of termination stated:
“1. No security deposit was paid. This was due the day of move in. 2. December rent was not paid, due December 1. 3. January rent was not paid, due January 1. Damage to garage and no notification by tenant. 5. No October utilities paid. 6. No November utilities paid.”
[5] On February 12, 2025, the Landlord served the Tenant with a Form 4 (A) Eviction Notice with an effective date of February 28, 2025 (the “Second Notice”) for the following reasons:
You have not paid your rent in the amount of $1400.00;
You or someone you have allowed on the property has caused damage to the rental unit;
You have not repaired damage to the rental unit.
The Particulars of termination stated:
“[Tenant] has not paid February rent. The material damage I mentioned in my previous application is causing more ongoing material damage due to weather penetrating into the interior of the building. She has not reached out to provide any communication or estimate of the damage. I will be following up with more documentation of the damage estimate as this needs to be fixed immediately to stop further material damage.”
[6] On January 30, 2025, the Landlord filed an amended Form 2 (B) Landlord Application to Determine Dispute 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”). The Application also seeks rent owing and compensation, which is the subject of
Order LD25-058.

[7] On February 4, 2025, the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for February 20, 2025.
[8] On February 12, 2025, the Rental Office emailed the parties an evidence package.
[9] On February 13, 2025, the Rental Office emailed the parties a supplementary evidence package.
[10] On February 20, 2025, two Landlord representatives (the “Representatives”) joined the teleconference hearing to determine the Application. I called the Tenant and left a voicemail. The Tenant did not join the hearing, and the hearing proceeded in the Tenant’s absence.
ISSUE
A. Must the Tenant and all occupants vacate the Unit?
ANALYSIS
[11] The Landlord’s reasons in the First and Second Notice (the “Notices”) for terminating the tenancy are under clauses 60(1) and 61(1)(a), (b), (d), (f), (g), and (h) of the Residential Tenancy Act (the “Act”), which state:
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.
61(1) A landlord may end a tenancy by giving a notice of termination where one or more of the following applies:
(a) the tenant does not pay the security deposit within 10 days of the date it is required to be paid under the tenancy agreement;
(b) the tenant is repeatedly late in paying rent;
(d) the tenant or a person permitted on the residential property by the tenant has (i) significantly interfered with or unreasonably disturbed another occupant or the landlord of the residential property, (ii) seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant, or (iii) put the landlord’s property at significant risk;
(f) the tenant or a person permitted on the residential property by the tenant has caused unreasonable damage to a rental unit or the residential property;
(g) the tenant does not repair damage to the rental unit or residential property, as required under section 28(4), within a reasonable time;
(h) the tenant (i) has failed to comply with a material term of the tenancy agreement, and (ii) has not corrected the situation within a reasonable time after the landlord has given written notice to do so.
[12] The Representatives’ evidence is as follows. The Tenant has not paid rent for December 2024, January 2025, or February 2025, totalling $4,200.00. The Tenant has not paid the security deposit.
A rental ledger, banking documents, and messages between the parties were submitted as evidence.

[13] The Tenant damaged the garage door of the Unit with her vehicle and has not repaired the damage.
The estimated cost to repair the door is approximately $3,000.00. The Tenant has not paid any utilities since moving into the Unit and, as of January 27, 2025, owes $2,172.84. Copies of invoices for the utility expenses and messages between the parties were submitted as evidence.
[14] I find that the Landlord has provided sufficient evidence to establish that the Tenant owed rent for December 2024 and January 2025 on the date the First Notice was served. I further find that the Landlord has provided sufficient evidence to establish that the Tenant owed rent for February 2025 on the date the Second Notice was served.
[15] The Tenant did not pay the outstanding rent within ten days of the Notices being served, and the rent was still outstanding as of the hearing date. Therefore, the Notices were 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.
[16] I find that the Notices are valid for non-payment of rent, and the Application is allowed.
[17] The Tenant and all occupants must vacate the Unit by the timeline below.
[18] I extend the effective date on the First Notice from January 27, 2025, to March 3, 2025, under clause 85(1)(n) of the Act.
[19] It is unnecessary for me to determine the Landlord’s other reasons for ending the tenancy.
IT IS THEREFORE ORDERED THAT
1. The tenancy between the parties will terminate at 5:00 p.m. on March 3, 2025. The Tenant and all occupants must vacate the Unit by this time and date.
2. 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 24th day of February, 2025.
(sgd.) Mitch King Mitch 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 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.