LD24-287

Landlord application · security deposit. Outcome: granted. I. The Landlord shall retain the security deposit and remaining interest in the amount of $1,058.72.

Order text

Orders of the Director of Residential Tenancy
Docket 24-447 September 6, 2024
INTRODUCTION
[1] The applicable legislation is the Residential Tenancy Act (the “Act”).
[2] On July 10, 2024, the Landlord filed a Landlord Application to Determine Dispute (Form 2(B)) with the Residential Tenancy Office (the “Rental Office”) seeking to make a claim against the security deposit. A copy was emailed to the Tenant on the same date.
[3] On July 25, 2024, a Notice of Hearing was emailed to the parties. The Rental Office also called the Tenant and left a voice mail notifying her a Notice of Hearing had been sent.
[4] On August 6, 2024, an evidence package was emailed to the parties. The email to the Tenant was not delivered as the Tenant’s email box was full. The Rental Office called the Tenant but the Tenant did not answer the call.
[5] On August 15, 2024, the Landlord sent the Tenant a copy of the Notice of Hearing by text message.
[6] On August 19, 2024, the Rental Office left a voice mail for the Tenant reminding her of the date and time of the hearing.
[7] On August 20, 2024, a teleconference hearing was held before the Residential Tenancy Officer (the “Officer”). The Landlord called into the hearing but the Tenant did not call in. The Officer called the Tenant and left a voicemail. The Tenant did not call into the hearing after ten minutes and the hearing proceeded in the absence of the Tenant.
ISSUE
i. Is the Landlord entitled to retain the security deposit?
SUMMARY OF EVIDENCE
[8] On November 1, 2014, the parties entered into a written, fixed-term tenancy agreement for the Rental Unit which converted to a month-to-month agreement. The Rental Unit is one half of a duplex. Rent was $1,391.00 due on the first day of the month and a security deposit of $1,000.00 was paid. The Tenant vacated the Rental Unit on June 30, 2024, and the tenancy ended.
Landlord’s Evidence and Submissions
[9] The Landlord’s evidence is summarized as follows.
[10] On June 30, 2024, the Landlord and Tenant completed an inspection of the Rental Unit before the Tenant vacated. The Landlord noted damages in the Rental Unit such as six damaged window screens, a damaged screen door, and a damaged front door sweep. The Landlord stated just the materials without installation will cost $1,059.30, which is more than the security deposit. The Landlord stated he returned $48.32 of interest to the Tenant on July 10, 2024, as a gesture of good faith.
[11] The Landlord stated there were several other damages to the Rental Unit but the Landlord is not seeking compensation above the security deposit. There are additional damages to the floor, walls, siding, bathroom vanity, and yard. The Rental Unit was not cleaned when the Tenant vacated and the Landlord will be required to repaint the Rental Unit because the Tenant painted the walls without the Landlord’s permission.
[12] The Landlord stated that it will cost him thousands of dollars in repairs and he is going to have to sell the Rental Unit because he cannot recover his costs just by renting. Photographs of the Rental Unit, the inspection report, and estimates for the repairs were submitted into evidence.

Orders of the Director of Residential Tenancy

ANALYSIS
Issue i: Is the Landlord entitled to retain the security deposit?
[13] The Landlord provided undisputed testimony regarding the damaged and unclean state of the Rental Unit after the Tenant vacated. The Landlord stated that the expenses to repair the Rental Unit will exceed the amount of the security deposit. Estimates for the repairs and photographs of the Rental Unit were submitted into evidence.
[14] The Officer notes that on July 10, 2024, the date the Landlord returned the interest to the Tenant, the interest on the security deposit would have been $103.47 and not $48.32. As of the date of this Order, the interest on the security deposit has increased to $107.04 and the Landlord has retained $58.72 of the interest, calculated as $107.04 - $48.32 = $58.72.
[15] After reviewing the documentary evidence and the Landlord’s undisputed testimony, the Officer finds that the Landlord has established that he is entitled to retain the security deposit in the amount of $1,000.00 and the remaining interest in the amount of $58.72, totaling $1,058.72.
CONCLUSION
[16] The Application is allowed.
[17] The Landlord shall retain the security deposit and remaining interest the amount in of $1,058.72.
IT IS THEREFORE ORDERED THAT
I. The Landlord shall retain the security deposit and remaining interest in the amount of $1,058.72.
DATED at Charlottetown, Prince Edward Island, this 6th day of September, 2024.
(sgd.) Mitchell King Mitchell King Residential Tenancy Officer
NOTICE
Right to Appeal
This Order can be appealed to the Island Regulatory and Appeals 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.