LD24-353

Landlord application · rent arrears. Outcome: granted. I find that the Tenants must pay rent to the Landlord in the amount of $1,794.19.

Linked prior order: LD24-352

Order text

Orders of the Director of Residential Tenancy
Docket 24-659 October 22, 2024
INTRODUCTION
[1] The Landlord seeks an Order that the Tenants owe rent for September and October of 2024.
DISPOSITION
[2] I find that the Tenants must pay rent to the Landlord in the amount of $1,794.19.
BACKGROUND
[3] The Unit is a three-bedroom, one-bathroom rental unit, being one part of a duplex building that the Landlord has owned since 2011.
[4] The parties entered into a written, fixed-term tenancy agreement for the Unit for the period of January 27, 2017 to December 31, 2017. At the end of the term the agreement continued on a month-to-month basis. Rent in the amount of $927.00 is due on the first day of the month. A $650.00 security deposit was paid at the beginning of the tenancy.
[5] On September 10, 2024 the Landlord served the Tenants with a Form 4 (A) Eviction Notice (the “Notice”) for non-payment of rent. The effective date in the Notice was September 20, 2024. I note that the effective date of the Notice is automatically changed to September 30, 2024, the minimum 20-day effective date, pursuant to section 54 of the Residential Tenancy Act (or the “Act”).
[6] On October 9, 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 included a monetary claim for rent owing, which is the subject of this decision. The Landlord posted the Application to the Unit’s door.
[7] The Application also seeks an Order for vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is the subject of Order LD24-352.
[8] On October 10, 2024 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for 9:00 a.m. on October 22, 2024 (the “Notice of Hearing”) along with a copy of the Application. On October 11, 2024 the Rental Office sent an additional copy of the Notice of Hearing and the Application to one of the Tenants by registered mail.
[9] On October 17, 2024 the Rental Office emailed the parties a 36-page evidence package.
[10] On October 22, 2024 the Landlord joined the teleconference hearing at 9:00 a.m. but the Tenants did not join. I telephoned two numbers for the Tenants but no one answered. I emailed the Tenants an additional copy of the Notice of Hearing and the Application. At 9:15 a.m. I proceeded with the hearing in the absence of the Tenants.
ISSUE
A. Do the Tenants owe rent to the Landlord?
ANALYSIS
[11] The Landlord’s undisputed evidence establishes that the Tenants did not pay September 2024 rent, in the amount of $927.00, or October 2024 rent. As the tenancy agreement is terminated in Order LD24-352 effective on October 29, 2024, I find that the Tenants must also pay the Landlord prorated October rent, in the amount of $867.19 (29 days divided by 31 days and multiplied by $927.00).

Orders of the Director of Residential Tenancy

[12] The Tenants must pay the Landlord unpaid rent, in the total amount of $1,794.19 ($927.00 plus $867.19), by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Tenants must pay the Landlord unpaid rent, in the total amount of $1,794.19, by November 12, 2024.
DATED at Charlottetown, Prince Edward Island, this 22nd day of October, 2024.
(sgd.) Andrew Cudmore Andrew Cudmore 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.