LD24-302

Landlord application · abandonment. Outcome: granted.

Order text

Orders of the Director of Residential Tenancy Dockets 24-400, 24-464 and 24-529 September 16, 2024
INTRODUCTION
[1] The applicable legislation is the Residential Tenancy Act (the “Act”).
[2] On June 18, 2024 the Landlord’s representative (the “Representative”) filed a Form 2 (B) Landlord Application to Determine Dispute (the “Monetary Application”) with the Residential Tenancy Office (the “Rental Office”) seeking to retain the Tenant’s security deposit and rent owed.
[3] On July 26, 2024 the Monetary Application was amended, and emailed to the Tenant.
[4] On August 6, 2024 the Rental Office emailed and mailed the parties notice of a teleconference hearing.
[5] On August 19, 2024 the Representative filed a second Form 2 (B) Landlord Application to Determine Dispute (the “Disposal Application”) seeking to dispose of the personal property left behind by the Tenant at the Rental Unit. The Disposal Application was emailed to the Tenant.
[6] The Monetary Application and the Disposal Application are referred to as the Applications.
[7] On August 19, 2024 the Representative emailed the Rental Office and the Tenant a list of the personal property left behind by the Tenant at the Rental Unit (the “Inventory List”).
[8] On August 21, 2024 the Rental Office emailed the parties the evidence package (“EP”).
[9] On September 3, 2024 the Rental Office emailed the parties a new notice of a teleconference hearing.
[10] On September 10, 2024 at 9:00 a.m. a teleconference hearing was held before the Residential Tenancy Officer (the “Officer”). The Representative participated at the hearing. The Tenant did not call into the hearing at the scheduled time. The hearing was delayed for ten minutes, and the Rental Office attempted to contact the Tenant. There was no answer from the phone number on file. An email was also sent to the Tenant. The hearing proceeded in the Tenant’s absence.
ISSUES
i. Is the Landlord entitled to rent owed?
ii. Is the Landlord entitled to retain the security deposit?
iii. Is the Landlord authorized to dispose of the personal property at the Rental Unit left behind by the Tenant?
SUMMARY OF EVIDENCE
[11] The Rental Unit is an apartment situated in an 8-unit apartment building.
[12] On November 1, 2022 the parties entered into a written, fixed-term tenancy agreement which converted to a month-to-month agreement. Rent was $1,185.00 due on the first day of the month.
A $1,150.00 security deposit was paid at the beginning of the tenancy.
[13] On July 13, 2024 the Tenant vacated the Rental Unit.
LANDLORD’S EVIDENCE AND SUBMISSIONS
[14] The Representative submitted 41-pages of documents into evidence including: two Form 4s Notice of Termination by Lessor of Rental Agreement, text messages, proof of service, photographs of the Rental Unit, emails, and the Inventory List.

Orders of the Director of Residential Tenancy Dockets 24-400, 24-464 and 24-529 September 16, 2024
[15] The Landlord is seeking $4,866.94 in total compensation.
[16] The Representative stated that the Tenant owes rent for May ($1,185.00), June ($1,185.00) and 13-days in July 2024 ($496.94). The Representative stated that the Tenant kept saying she would pay, but was having financial struggles. The Representative stated that he was not sure what date the Tenant vacated the Rental Unit, however, on July 13, 2024 the PEI Humane Society removed the Tenant’s dog from the Rental Unit.
[17] The Representative stated that the photographs submitted into evidence were taken on July 13,
2024. The Representative stated that the Tenant left a lot of garbage and personal items in the Rental Unit. The Representative stated that the dog was left in the Rental Unit and was having to urinate and defecate in the Rental Unit. The Representative stated that the Rental Unit’s floor was damaged as a result of the Tenant’s dog being left in the Rental Unit. The Representative stated that the estimated damage to the floor is $2,000.00. The Representative stated that he cannot replace the floor until the garbage and personal items are removed from the Rental Unit.
[18] The Representative stated that the Rental Unit will require painting and repair because there is graffiti on the Rental Unit’s door (28 of the EP).
[19] The Representative submitted the Inventory List and photographs of the Tenant’s personal belongings into evidence.
ANALYSIS & CONCLUSION
[20] The Applications are made in accordance with section 75 of the Act, and seeks to make a claim against the security deposit, pursuant to subsection 40(1) of the Act, which states:
40. Return of security deposit
(1) Except as provided in subsection (2) or (3), within 15 days after the date the tenancy ends or is assigned, the landlord shall either (a) issue payment, as provided in subsection (5), of any security deposit to the tenant with interest calculated in accordance with the regulations; or (b) make an application to the Director under section 75 claiming against the security deposit.
[21] Further, clauses 19(1), 39(2), 43(1) and (7) of the Act state:
19. Tenant shall pay rent when due
(1) A tenant shall pay rent when it is due under the tenancy agreement, whether or not the landlord complies with this Act, the regulations or the tenancy agreement, unless the tenant has an express right under this Act to deduct or withhold all or a portion of the rent.
39. Obligations on vacating
(2) 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; and (b) give the landlord all the keys or other means of access that are in the possession or control of the tenant and that allow access to and within the residential property.
43. Tenant’s personal property
(1) A tenant is not entitled to leave the tenant’s personal property in the rental unit after the tenancy agreement is terminated.

Orders of the Director of Residential Tenancy Dockets 24-400, 24-464 and 24-529 September 16, 2024 Authorization to dispose of personal property (7) The Director may, on application by a landlord under section 75, authorize the landlord to dispose of personal property referred to in subsection (2) prior to the end of the applicable storage period required under subsection (4) where the Director believes on reasonable grounds that (a) the personal property has no monetary value;
(b) the cost of removing, storing or selling the personal property would be more than the proceeds of the sale; or (c) the storage of the personal property would be unsanitary or unsafe.
[22] The Landlord initiated the Applications under the Act. The Landlord bears the onus of proving its claims on a balance of probabilities. This means that a decision-maker must be satisfied there is sufficiently clear and convincing evidence to support the claims.
Issue i. Is the Landlord entitled to rent owed?
[23] The Landlord is seeking a monetary order for $2,866.94 for rent owed. The Representative provided direct testimony that the Tenant did not pay rent for May, June or the 13 days of occupancy for July 2024. The Representative stated that the Tenant was served with two eviction notices for non-payment of rent in May and June 2024.
[24] The Officer finds that the Landlord has provided sufficient evidence to prove that the Tenant owes rent in the amount of $2,866.94. This claim is allowed.
Issue ii. Is the Landlord entitled to retain the security deposit?
[25] The Officer has already found that the Landlord is entitled to rent owed. The amount of rent owed exceeds the security deposit amount. Therefore, the Officer finds that the Landlord is entitled to retain the security deposit plus interest.
[26] However, the Landlord is seeking $2,000.00 in compensation for damage to the Rental Unit’s floors.
[27] To begin, the Officer notes that the Landlord did not submit any “before” photographs into evidence to demonstrate the state and/or the condition of the Rental Unit prior to the start of the tenancy.
The best evidence a landlord can provide for these types of applications is “before” and “after” photographs of a rental unit, accompanied with the inspection reports completed at the beginning and the end of the tenancy.
[28] In this case, the Officer finds that the Landlord did not submit any before photographs, and did not submit any photographs which demonstrate the allege damage to the Rental Unit’s floor. For example, photograph 20 of the EP shows dog feces on the floor, but does not show any damage to the Rental Unit’s floor.
[29] Further, the Officer finds that the Representative only provided an estimate for the damage. No quote, professional estimate, nor invoice was submitted into evidence. Therefore, the Officer finds that this $2,000.00 claim is denied.
Issue iii. Is the Landlord authorized to dispose of the personal property at the Rental Unit left behind by the Tenant?
[30] The Officer has reviewed the Inventory List, photographs and testimony provided by the Representative. The Officer finds that the personal property remaining in the Rental Unit either has no monetary value or the cost of removing, storing or selling the property would be more than the proceeds of the sale.

Orders of the Director of Residential Tenancy Dockets 24-400, 24-464 and 24-529 September 16, 2024
[31] As a result, the Disposal Application is valid. The Landlord may dispose of the personal property contained in the Inventory List through the solid waste disposal system any time after 5:00 p.m. on October 7, 2024.
[32] The Monetary Application is allowed in part. The Landlord is entitled to retain the security deposit and interest. The Officer’s calculations are as follows:
Item Amount Rent owed for May 2024, June 2024 and 13-days in July 2024 $2,866.94 Less security deposit and interest ($1,197.13) Outstanding compensation owed to the Landlord $1,669.81
IT IS THEREFORE ORDERED THAT
I. The Landlord shall retain the full amount of the security deposit and interest.
II. The Tenant shall pay the Landlord $1,669.81 by October 7, 2024.
III. The Landlord may dispose of the personal property contained in the Inventory List through the solid waste disposal system any time after 5:00 p.m. on October 7, 2024.
DATED at Charlottetown, Prince Edward Island, this 16th day of September, 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.