LD24-367

Landlord application · security deposit. Outcome: granted. I find that the Landlord is permitted to retain the Tenants’ security deposit and interest, in the total amount of $1,916.32.

Order text

Orders of the Director of Residential Tenancy
Docket 24-549 October 31, 2024
INTRODUCTION
[1] The Landlord seeks to retain the Tenants’ security deposit and interest.
DISPOSITION
[2] I find that the Landlord is permitted to retain the Tenants’ security deposit and interest, in the total amount of $1,916.32.
BACKGROUND
[3] The Unit is a two-bedroom and two-bathroom apartment situated in a 98-unit apartment building.
[4] On April 11, 2024 the parties entered into a written, fixed-term tenancy agreement for the period of May 1, 2024 to April 30, 2025. A $1,895.00 security deposit was paid on May 1, 2024. Rent was $1,895.00 due on the first day of the month.
[5] The Tenants vacated the Unit sometime at the end of July of 2024.
[6] On August 15, 2024 the Landlord’s representative (the “Representative”) filed a Form 2 (B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”). The Application seeks to retain the Tenants’ security deposit and interest for August 2024 rent and undue damage. The Representative emailed the Tenants the Application.
[7] On September 18, 2024 the Rental Office emailed the parties notice of a teleconference hearing, scheduled for October 8, 2024, along with a copy of the Application.
[8] On October 4, 2024 the Rental Office emailed the parties an evidence package.
[9] On October 8, 2024 the Representative participated in the teleconference hearing for determination of the Application. The Representative confirmed that all of the documents submitted to the Rental Office were included in the evidence package. The Tenants did not participate in the teleconference hearing. I contacted the Tenants by telephone and left a voicemail with the teleconference hearing details and waited ten minutes. The teleconference hearing then proceeded in the absence of the Tenants.
ISSUE
A. Is the Landlord permitted to retain the Tenants’ security deposit and interest?
ANALYSIS
[10] For the reasons below, I find that the Landlord is permitted to retain the Tenants’ security deposit and interest, in the total amount of $1,916.32.
[11] The Representative stated that the Tenants vacated the Unit sometime at the end of July of 2024.
The Tenants vacated the Unit without proper notice for a fixed-term and without paying rent for August of 2024.
[12] The Unit was advertised for August of 2024 but no replacement tenants were found. The Representative stated that the Landlord agreed to end the tenancy for August 31, 2024.
[13] The Representative stated that there was some garbage left in the Unit and a burn mark on the kitchen floor. The Landlord’s resident manager was able to fix the burn mark in the Unit.

Orders of the Director of Residential Tenancy

[14] I have reviewed the evidence, and I find that the fixed-term tenancy agreement was scheduled to end April of 2025. However, the Tenants vacated the Unit at the end of July of 2024.
[15] Subsection 55(3) of the Act states:
A tenant may end a fixed-term tenancy by giving the landlord a notice of termination effective on a date that (a) is not earlier that one month after the date the landlord receives the notice;
(b) is not earlier than the date specified in the tenancy agreement as the end of the tenancy; and (c) is the day before the day that rent is payable under the tenancy agreement.
[16] After reviewing the evidence, I find that the Tenants did not comply with the notice requirements to end a fixed-term tenancy agreement. I also find that the Landlord engaged in reasonable mitigation efforts. Therefore, the Landlord is permitted to retain the Tenants’ security deposit for August 2024 rent.
[17] Clause 39(2)(a) of the Act provides the following rules regarding the condition of the Unit at the end of a tenancy:
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…
[18] I find that the Landlord’s evidence establishes that the Tenants left the Unit unclean and with some damage to the Unit’s floor. The Landlord is only seeking to retain the security deposit and interest.
Therefore, I find that the Landlord is also permitted to retain the interest portion of the Tenants’ security deposit.
[19] The Application is allowed.
Tenancy Agreement Form
[20] The Residential Tenancy Act has been in force since April 8, 2023 and the tenancy agreement commenced on May 1, 2024. The Landlord must use tenancy agreement forms that comply with the current legislation.
[21] In particular, subsections 11(1) and (2) include all of the following requirements:
(1) A landlord shall prepare a written tenancy agreement in respect of a tenancy that is entered into on or after the date this Act comes into force.
(2) The landlord shall ensure that the tenancy agreement complies with the requirements of this Act and the regulations and includes (a) the provisions set out in Division 4;
(b) the correct legal names of the landlord and tenant;
(c) the address of the rental unit;
(d) the date the tenancy agreement is entered into;
(e) the address for service and telephone number of the landlord, or the landlord’s agent, and the tenant;
(f) the services and facilities included in the rent;

Orders of the Director of Residential Tenancy

(g) the amount of rent that was charged, and the services and facilities that were provided, to the previous tenant of the rental unit, unless there was no previous tenant;
(h) the name and contact information of any person the tenant is to contact for emergency repairs; and (i) the agreed terms in respect of (i) the date on which the tenancy starts, (ii) if the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis, (iii) if the tenancy is a fixed-term tenancy, the date on which the term ends, (iv) the amount of rent payable for a specified period, (v) the day on which the rent is due and the frequency of payment, and (vi) the amount of any security deposit and the date the security deposit was or is required to be paid.
IT IS THEREFORE ORDERED THAT
1. The Landlord is permitted to retain the Tenants’ security deposit and interest, in the total amount of $1,916.32.
DATED at Charlottetown, Prince Edward Island, this 31st day of October, 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.