LD23-236

Landlord application · eviction, rent arrears. Outcome: granted. A. The Tenant shall pay the Landlord the outstanding rent in the amount of $4,200.00 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. (sgd.) Mitchell King Mitchell K

Order text

Orders of the Director of Residential Tenancy
Docket 23-359 & 23-365 May 29, 2023
Introduction
[1] On May 1, 2023, the Landlord filed a Landlord Application to Determine Dispute (Form 2B) (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application is seeking the following remedies pursuant to the Act:
i. An order directing my tenant to pay outstanding rent (s.85.(1)(b)); and
ii. An order that my tenant vacate the rental unit and ordering the Sheriff to put me in possession of the rental unit (s.51.(4)(b)).
[2] Attached to the Application was a Notice of Termination (Form 4) dated April 10, 2023, effective April 30, 2023, (the “Notice”). The Notice was served by the Landlord onto the Tenant by leaving it on the door of the Residential Property on April 10, 2023. The Notice was served for the following reason:
You have failed to pay your rent in the amount of $2100.00, which was due on the 1st day of April, 2023.
[3] On May 23, 2023, a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”). The Tenant did not participate in the hearing. M.I. stated she had verified earlier that day that the Tenant had vacated the Residential Premises and was no longer seeking an order for possession.
Issue to be Decided
i. Does the Tenant owe the Landlord rent?
Summary of the Evidence
[4] On May 1, 2022, the Landlord and the Tenant entered into a written fixed-term tenancy agreement for the Residential Property, which consists of an apartment in a four-unit apartment building. Rent was $2,100.00 due on the first day of the month. A security deposit of $2,100.00 was paid. The Tenant vacated the Residential Property sometime prior to the hearing date.
Landlord’s Evidence and Submissions
[5] M.I stated the Tenant owes rent for April 2023 and May 2023, totaling $4,200.00 ($2,100.00 x 2).
The Tenant did owe rent prior to April 2023 but the Tenant paid that outstanding amount. M.I.
attended the Residential Property prior to the hearing and confirmed the Tenant had vacated.
Analysis
[6] The Landlord’s reasons for the Application are pursuant to sub-subsections 51.(4)(b) and 85.(1)(b) of the Act. As the Tenant has already vacated the Residential Property the Officer does not need to make a determination regarding subsection 51.(4)(b). With regards to subsection 85.(1)(b) the Act states:
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.

Orders of the Director of Residential Tenancy
Docket 23-359 & 23-365 May 29, 2023
[7] Based on the undisputed testimony provided by the Landlord, the Officer finds that the Tenant has not paid rent for April 2023 and May 2023 totaling $4,200.00. Therefore, the Officer finds that the Landlord has established that the Tenant owes $4,200.00 in rent to the Landlord.
Conclusion
[8] The Application is allowed.
[9] The Tenant shall pay the Landlord the outstanding rent in the amount of $4,200.00 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 $4,200.00 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.
(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 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.