LD23-221

Landlord application · eviction, rent arrears. Outcome: granted.

Order text

Orders of The Director of Residential Tenancy 23-337 & 23-338 May 19, 2023
Introduction
[1] On May 2, 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)) 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 8, 2023 effective April 28, 2023 (the “Notice”). The Notice was served by the Landlord onto the Tenant for the following reasons:
You have failed to pay your rent in the amount of $1,150.00, which was due on the 1st day of April, 2023
[3] On May 18, 2023, a teleconference hearing was held before a Residential Tenancy Officer (the “Officer”).
Issue to be Decided
i. Does the Tenant have to vacate the Residential Property due to the Notice?
ii. Does the Tenant owe the Landlord rent?
Summary of the Evidence
[4] On or about January 1, 2023, the Landlord and the Tenant entered into a tenancy agreement for the Residential Property, an apartment in a 12 unit building, which remains ongoing. Rent is $1,150.00 due on the first day of the month. A security deposit of $1,150.00 was required and paid.
Landlord’s Evidence and Submissions
[5] The Landlord’s evidence is summarized as follows. The Landlord’s representative J.G. stated that rent for April and May 2023 has not been paid ($1,150.00 x 2), in addition to a late fee of $23.00.
J.G. also stated that he believes the unit is vacant but personal property of the Tenant remains in the unit and he has not received the keys back from the Tenant.
Tenant’s Evidence and Submissions
[6] The Tenant’s evidence is summarized as follows. The Tenant stated that the premises was infested with bedbugs and therefore he did not pay any rent for April or May. The Tenant testified that some personal belongings remain at the premises, like the mattress and bed, but that he will not be removing it because of the bed bugs.
Analysis
[7] The relevant sections of the Act instructs,

Orders of The Director of Residential Tenancy 23-337 & 23-338 May 19, 2023 Landlord's notice for non-payment of rent 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.
Tenant may dispute notice or pay unpaid rent 60(4) 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; or (b) dispute the notice of termination by making an application to the Director under section 75.
Tenant presumed to accept notice 60(5) Where a tenant who has received a notice of termination under this section does not pay the rent or make an application to the Director in accordance with subsection (4), the tenant (a) is deemed to have accepted that the tenancy ends on the effective date of the
notice of termination; and
(b) shall vacate the rental unit by that date.
Landlord’s right to possession restricted 51(4)(b) A landlord shall not regain possession of a rental unit unless the Director has made an order directing the tenant to vacate the rental unit and the order has been sent to the sheriff for enforcement.
[8] Based on the undisputed testimony provided by both parties, the Officer finds that the Notice was properly served on the Tenant and the Tenant did not pay the outstanding rent within 10-days of receiving the Notice. Furthermore, the Tenant did not file a ‘Section 75 Application’ with the Rental Office and is therefore deemed to have accepted the Notice. The Officer therefore finds that the Landlord has established a valid basis for terminating the rental agreement due to non-payment of rent and that the Tenant is therefore liable for such rent owed to the Landlord.
[9] The Rental Officer notes that the Tenant did not file any Application for repairs/remediation or a return of rent with regards to the alleged bed bug issue and therefore had no lawful reason for withholding his rent payment.
[10] With respect to the late fees sought by the Landlord, the Rental Officer further finds that such fees are not an authorized fee payable to the Landlord by the Tenant pursuant to section 20(2) of the Act or the Regulations.
Conclusion
[11] The Notice is valid and the Applications are allowed, notwithstanding a variance to the vacate date.
[12] The rental agreement between the parties for the Premises shall terminate effective 11:59 p.m. on May 25, 2023. The Tenant shall vacate the Premises by this time and date.
[13] The Tenant shall pay the Landlord the pro-rated outstanding rent in the amount of $2,077.42 ($1,150.00 April Rent and $927.42 May Rent (to May 25th inclusive)) forthwith upon receipt of this
Order. The late-fee sought by the Landlord is denied.

Orders of The Director of Residential Tenancy 23-337 & 23-338 May 19, 2023
IT IS THEREFORE ORDERED THAT
A. The rental agreement between the parties for the Premises shall terminate effective 11:59 p.m. on May 25, 2023. The Tenant shall vacate the Premises by this time and date.
B. The Tenant shall pay the Landlord $2,077.42 forthwith upon receipt of this Order.
C. 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 19th day of May, 2023.
(sgd.) Jeremy R. Coffin Jeremy R. Coffin Residential Tenancy Officer

Orders of The Director of Residential Tenancy 23-337 & 23-338 May 19, 2023
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.