LD24-368

Landlord application · security deposit, compensation, repairs. Outcome: granted. I find that the Landlord has established a total claim of $3,093.50 for repairs and cleaning. [3] The Landlord will retain the Tenant’s security deposit and interest, in the total amount of $1,013.16. The Tenant must pay the Landlord additional compensation of $2,080.34.

Order text

Orders of the Director of Residential Tenancy
Docket 24-581 November 1, 2024
INTRODUCTION
[1] The Landlord seeks a monetary order, in the total amount of $3,565.00 for repairs and cleaning.
The Landlord seeks to retain the Tenant’s security deposit plus interest.
DISPOSITION
[2] I find that the Landlord has established a total claim of $3,093.50 for repairs and cleaning.
[3] The Landlord will retain the Tenant’s security deposit and interest, in the total amount of $1,013.16.
The Tenant must pay the Landlord additional compensation of $2,080.34.
BACKGROUND
[4] The Unit is one side of a duplex, purchased by the Landlord approximately two years ago.
[5] On April 1, 2024 the parties entered into a written, month-to-month tenancy agreement. A $1,000.00 security deposit was paid at the beginning of the tenancy. Rent was $1,400.00 due on the first day of the month.
[6] The Tenant moved out of the Unit on September 4, 2024.
[7] On September 5, 2024 the Landlord filed an application with the Residential Tenancy Office (the “Rental Office”) for rent owing. This claim was withdrawn by the Landlord.
[8] On September 6, 2024 the Landlord filed a Form 2 (B) Landlord Application to Determine Dispute (the “Application”) with the “Rental Office claiming a monetary order, in the total amount of $3,565.00 for repairs and cleaning. The Landlord seeks to retain the Tenant’s security deposit and interest. The Landlord’s representative (the “Representative”) emailed the Application to the Tenant and posted a copy to the Unit’s door.
[9] On September 18, 2024 the Rental Office mailed and emailed the parties notice of a teleconference hearing (the “Notice of Hearing”) scheduled for October 8, 2024, along with a copy of the Application.
[10] On September 19, 2024 the Tenant emailed the Rental Office in response to the Notice of Hearing.
The Tenant stated that she was uncertain what the matter was about. The Tenant also stated that she would not be attending the teleconference hearing.
[11] On September 20, 2024 the Rental Office responded to the Tenant’s email and provided details about the Application. The Rental Office advised the Tenant that while her participation in the hearing was not required, it was recommended, as the hearing is a legal proceeding, and that a decision may be filed in the Supreme Court and enforced by Sheriff Services.
[12] The Tenant did not respond to the Rental Office’s email.
[13] On October 3, 2024 the Rental Office emailed the parties a 36-page evidence package (“EP”).
[14] On October 8, 2024 the Representative called into the scheduled teleconference hearing. The Tenant did not call into the scheduled teleconference hearing. I contacted the Tenant by telephone and received no answer. After waiting ten minutes the hearing proceeded in the Tenant’s absence.
ISSUE
A. Is the Landlord permitted to retain the Tenant’s security deposit and additional compensation?

Orders of the Director of Residential Tenancy

ANALYSIS
[15] The Representative stated that he inspected the Unit and found the drywall was damaged and numerous doors were damaged. Garbage was left behind by the Tenant and the Unit was unclean.
[16] The Representative stated that it cost $2,817.50 to replace drywall, seam fill, replace two doors, and repaint the Unit. The Representative stated that the work was completed and a copy of the invoice was submitted into evidence (EP 22).
[17] The Representative stated that the Unit required a deep, biohazard cleaning, which cost $747.50 (EP 21).
[18] Clause 39(2)(a) of the Residential Tenancy 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…
[19] After reviewing the evidence, I find that the Landlord has established a valid claim for the cost to repair the Unit’s drywall, doors and to repaint the Unit because of the condition of the Unit at the end of the tenancy. The claim for repairs is allowed, in the total amount of $2,817.50.
[20] Further, I find that the Landlord has established a valid claim for the cost of cleaning the Unit.
However, I find that the Tenant is only responsible for the Unit to be reasonably clean at the end of the tenancy. After reviewing the evidence, specifically the photographs of the Unit, I find that the Landlord is entitled to $276.00 for cleaning ($30.00/hour multiplied by 8 hours + HST). The claim for cleaning is allowed in part.
[21] The Landlord has established a total claim of $3,093.50 ($2,817.50 + $276.00).
[22] The Landlord is permitted to retain the Tenant’s security deposit and interest, in the amount of $1,013.16.
[23] The Tenant must pay the Landlord $2,080.34 ($3,093.50 minus $1,013.16) by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Landlord is permitted to retain the Tenant’s security deposit and interest, in the total amount of $1,013.16.
2. The Tenant must pay the Landlord $2,080.34 by November 21, 2024.
DATED at Charlottetown, Prince Edward Island, this 1st day of November, 2024.
(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 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.