LD23-180

Landlord application · eviction. Outcome: granted. A. The tenancy agreement shall terminate effective May 12, 2023 at 4:00 p.m. The Tenant and all occupants shall vacate the Residential Property by this date and time. B. A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted

Order text

Orders of the Director of Residential Tenancy
Docket 23-334 May 5, 2023
Introduction
[1] On April 25, 2023 the Landlord filed a Landlord Application to Determine Dispute (Form 2B) with the Residential Tenancy Office (the “Rental Office”). The Landlord is seeking an earlier termination of the tenancy agreement and granting the Landlord possession of the Residential Property pursuant to sub-subsections 61.(7)(a) and (b) of the Act (the “Application”).
[2] The Application and the Notice of Hearing was served on the Tenant.
[3] On May 5, 2023 a teleconference hearing was held before the Residential Tenancy Officer. The Landlord was represented by the Representative and had two witnesses. The Tenant did not attend and did not provide any evidence for the hearing.
Issue to be Decided
i. Is an earlier termination of the tenancy agreement warranted?
Summary of the Evidence
[4] On August 4, 2022 the Landlord and the Tenant entered into a written month-to-month tenancy agreement for the Residential Property. The rent was $750.00, however, the Tenant was only responsible for paying $515.00 on the first day of the month. No security deposit was required.
Landlord’s Evidence & Submissions
[5] The Representative stated that issues with the Tenant started on or around March 31, 2023. He has received numerous complaints from other tenants and neighbours. The Representative stated member of government have contacted him regarding the complaints. The complaints are regarding extensive damage to the Residential Property, a lot of garbage in and around the Residential Property, illegal activity by the Tenant and/or the Tenant’s occupants which include drug use, theft and assault. The Representative served a Notice of Termination (Form 4) on the Tenant on April 13, 2023 for cause.
[6] On December 14, 2022 an inspection report (the “Report”) of the Residential Property was complete by a Housing Officer. The Report details the extent of the damage and state of the Residential Property. The Landlord submitted into evidence numerous photographs of the Residential Property and letters/communications with the Tenant regarding the allegations.
[7] The witnesses, J.M and A.B for the Landlord confirmed they were the ones who took the photographs submitted into evidence. J.M. confirmed that he witnessed the Tenant assaulting another tenant.
Tenant’s Evidence & Submissions
[8] The Tenant did not attend the hearing. The Tenant did not submit any evidence regarding the Application.

Orders of the Director of Residential Tenancy

Analysis
[9] Sub-subsection 61.(7)(a) and (b) of the Act states:
Landlord may request earlier termination date Despite subsection (3), a landlord who wishes to give notice of termination under subsection (1) may make an application to the Director to request an order (a) ending a tenancy agreement on a date that is earlier than the tenancy would end if the
notice of termination were given under subsection (1); and
(b) granting the landlord an order of possession in respect of the rental unit.
[10] Sub-subsection 61.(8)(a) and (b) of the Act states:
Requirements for earlier period of notice The Director shall grant an application under subsection (7) only if the Director is satisfied that (a) 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, (iii) put the landlord’s property at significant risk, (iv) engaged in illegal activity that (A) has caused or is likely to cause damage to the landlord’s property, (B) has adversely affected or is likely to adversely affect the equity enjoyment, security, safety or physical well-being of another occupant of the residential property, or (C) has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord, (v) caused unreasonable damage to the residential property, or (vi) frustrated the tenancy agreement; and (b) it would be unreasonable, or unfair to the landlord or other occupants of the residential property, to wait for a notice of termination under subsection (1) to take effect.
[11] The Officer notes that for a landlord to establish that an earlier termination of the tenancy agreement is warranted, it must prove, on a balance of probabilities, two requirements. First, that the Tenant or a person permitted on the Residential Property by the Tenant has breached one of the listed items in sub-subsection 61.(8)(a). In this case, the Officer finds that the Landlord has established that the Tenant and/or occupants of the Residential Property have breached sub-subsections
61.(1)(a)(i)(ii)(iii)(iv)(A)(B)(C) and (v) of the Act.
[12] Second, the Landlord must establish that it would be unreasonable or unfair to the landlord or other occupants of the Residential Property to wait for a notice of termination to take effect pursuant to sub-subsection 61.(8)(b). The Officer finds that the Landlord has established that waiting for an effective date of a Notice of Termination would result in an unreasonable or unfair result for the Landlord and/or other occupants of the Residential Property.

Orders of the Director of Residential Tenancy

[13] The Officer finds that based on the documentary evidence and the testimony of the Representative and witnesses that the Landlord has established the requirements for an earlier termination of the tenancy agreement pursuant to sub-subsections 61.(8)(a) and (b) of the Act. Therefore, the Application is allowed. The tenancy agreement shall terminate effective May 12, 2023 at 4:00 p.m.
Conclusion
[14] The Application is allowed.
[15] The tenancy agreement shall terminate effective May 12, 2023 at 4:00 p.m. The Tenant and all occupants shall vacate the Residential Property by this date and time.
[16] The Officer notes that the Tenant did not attend the hearing. However, pursuant to sub-sections
89.(1) and (5). of the Act, the Tenant has a right to appeal this decision to the Island Regulatory and Appeals Commission within 7-days of receiving this decision.
[17] Pursuant to subsection 85.(5) of the Act, Sheriff Services shall not enforce this Order until the time period of an appeal to the Commission under subsection 89.(5) has expired.
IT IS THEREFORE ORDERED THAT
A. The tenancy agreement shall terminate effective May 12, 2023 at 4:00 p.m. The Tenant and all occupants shall vacate the Residential Property by this date and time.
B. 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 5th day of May, 2023.
(sgd.) Cody Burke Cody Burke Residential Tenancy Officer

Orders of the Director of Residential Tenancy

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.