LD24-304

Landlord application · security deposit. Outcome: outcome pending review. I. The Landlord shall retain the full amount of the security deposit and interest.

Order text

Orders of the Director of Residential Tenancy
Docket 24-499 September 17, 2024
INTRODUCTION
[1] The applicable legislation is the Residential Tenancy Act (the “Act”).
[2] On August 7, 2024 the Landlord filed a Form 2 (B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application was filed to retain the Tenants’ security deposit. The Application was emailed and text messaged to the Tenants.
[3] On August 20, 2024 the Rental Office emailed the parties notice of a teleconference hearing, along with a copy of the Application. The Landlord received a copy via mail as well and text messaged a copy to the Tenants.
[4] On September 6, 2024 the Rental Office emailed the parties the evidence package (“EP”). The Landlord text messaged a copy to the Tenants.
[5] On September 10, 2024 at 11:00 a.m. a teleconference hearing was held before the Residential Tenancy Officer (the “Officer”). The Landlord participated at the hearing. The Tenants did not call into the teleconference hearing at the scheduled time. The hearing was postponed for ten minutes and the Rental Office called the Tenants and left a detailed voice message. At 11:10 a.m., the hearing proceeded in the absence of the Tenants.
ISSUE
i. Is the Landlord entitled to retain the security deposit?
SUMMARY OF EVIDENCE
[6] On October 1, 2021 the parties entered into an oral month-to-month tenancy agreement for possession of the Rental Unit. Rent was $1,055.00 due on the first day of the month. The security deposit was $1,025.00 paid at the beginning of the tenancy.
[7] The Tenants vacated the Rental Unit on August 4, 2024.
LANDLORD’S EVIDENCE AND SUBMISSIONS
[8] The Landlord submitted 22-pages of documents into evidence including: written submissions, bank account statements, and photographs of the Rental Unit.
[9] The Landlord stated that the Tenants owe $1,310.00 in rental arrears for June ($255.00) and July ($1,055.00) 2024. The Landlord stated that between June 12-20, 2024 the Tenants paid $800.00 (15 of EP).
[10] The Landlord stated that it is the Tenants responsibility to refill the Rental Unit’s oil tank. However, the Tenants vacated the Rental Unit without refilling the oil tank (17 of EP).
[11] The Landlord stated that the Tenants left a lot of garbage in the Rental Unit, which required the Landlord to rent a dumpster. The Landlord stated that there was some damage to the Rental Unit’s walls and floors.
[12] The Landlord stated that she found cockroaches in the Rental Unit which required remediation.
[13] The Landlord stated that she is only seeking to retain the full amount of the security deposit and interest. The Landlord stated that she is not seeking any additional monetary claim.

Orders of the Director of Residential Tenancy

ANALYSIS & CONCLUSION
[14] The Application was filed in accordance with section 75 of the Act, and seeks to make a claim against the security deposit, pursuant to subsection 40(1) of the Act, which states:
40. Return of security deposit
(1) Except as provided in subsection (2) or (3), within 15 days after the date the tenancy ends or is assigned, the landlord shall either (a) issue payment, as provided in subsection (5), of any security deposit to the tenant with interest calculated in accordance with the regulations; or (b) make an application to the Director under section 75 claiming against the security deposit.
[15] Further, clauses 19(1) and 39(2) of the Act state:
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.
39. Obligations on vacating
(2) When a tenant vacates a rental unit, the tenant shall (a) leave the rental unit reasonably clean and undamaged, except for reasonable wear and tear; and (b) give the landlord all the keys or other means of access that are in the possession or control of the tenant and that allow access to and within the residential property.
[16] The Landlord commenced the Application pursuant to the Act. The Landlord has the burden of proving her claim by the civil standard of proof, which is on a balance of probabilities. This means that a decision-maker must be satisfied there is sufficiently clear and convincing evidence to support the Landlord’s claim.
[17] The Landlord is seeking to retain the full amount of the security deposit plus interest in the amount of $1,067.72.
CLAIM
June and July 2024 rental arrears in the amount of $1,310.00
[18] The Officer finds that the Landlord has provided undisputed testimony, and documentary evidence, specifically bank account statements, to prove that the Tenants owe rental arrears for June and July 2024.
[19] Therefore, the Officer finds that the Landlord has proven that she has a valid claim to retain the full amount of the security deposit and interest. The claim is allowed.
[20] The Officer notes that because the Landlord is only seeking to retain the amount of the security deposit and is not seeking any additional compensation exceeding the security deposit, the Officer will not make any further determinations on the Application.
[21] The Application is allowed. The Landlord is entitled to retain the security deposit and interest in the amount of $1,067.72.

Orders of the Director of Residential Tenancy

IT IS THEREFORE ORDERED THAT
I. The Landlord shall retain the full amount of the security deposit and interest.
DATED at Charlottetown, Prince Edward Island, this 17th day of September, 2024.
(sgd.) Cody Burke Cody Burke 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.