LD24-356

Landlord application · rent arrears. Outcome: granted. I find that the Tenant must pay rent to the Landlord in the amount of $1,967.74.

Linked prior order: LD24-355

Order text

Orders of the Director of Residential Tenancy
Docket 24-661 October 23, 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 Tenant must pay rent to the Landlord in the amount of $1,967.74.
BACKGROUND
[3] The Unit is situated in a four-unit apartment building.
[4] On September 26, 2023 the parties entered into a written, fixed-term tenancy agreement for the Unit for the period of October 1, 2023 to September 30, 2024. Rent in the amount of $1,030.00 is due on the first day of the month. A $1,000.00 security deposit was paid at the beginning of the tenancy.
[5] On September 4, 2024 the Landlord served the Tenant with a Form 4 (A) Eviction Notice (the “Notice”) for non-payment of rent. The effective date in the Notice was September 24, 2024.
[6] On October 1, 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 seeks a monetary claim for rent owing, which is the subject of this decision. The Landlord emailed the Tenant the Application.
[7] The Application also included an Order for vacant possession of the Unit, which is the subject of
Order LD24-355.
[8] On October 15, 2024 the Rental Office emailed the parties notice of a teleconference hearing scheduled for October 22, 2024, along with a copy of the Application.
[9] On October 18, 2024 the Rental Office emailed the parties an evidence package.
[10] On October 22, 2024, two representatives for the Landlord (the “Representatives”) joined the teleconference hearing at 9:00 a.m. The Tenant did not join. I telephoned the Tenant, and left a voice message of the details for the teleconference hearing. At 9:10 a.m. I proceeded with the hearing in the absence of the Tenant.
ISSUE
A. Does the Tenant owe rent to the Landlord?
ANALYSIS
[11] At the hearing the Representative requested that payment for October 2024’s rent, in the amount of $1,030.00 be included in the Application.
[12] The Representative stated that effective October 1, 2024 the rent increased for the Unit by 3.0% (the 2024 annual allowable guideline). On July 4, 2024 the Representatives served the Tenant with a Form 8 Notice of Annual Allowable Rent Increase.
[13] Clause 48(2)(b) of the Act requires at least three clear calendar months before the effective date of the increase. This means that the effective date of the increase is November 1, 2024. Therefore, the Landlord may seek payment of October 2024’s rent at the rate of $1,000.00.

Orders of the Director of Residential Tenancy

[14] The Representatives’ undisputed evidence establishes that the Tenant did not pay September 2024 rent, in the amount of $1,000.00, or October 2024 rent. As the tenancy agreement is terminated in
Order LD24-355 effective October 30, 2024, I find that the Tenant must also pay the Landlord prorated October rent, in the amount of $967.74 (30 days divided by 31 days and multiplied by $1,000.00).
[15] The Tenant must pay the Landlord unpaid rent, in the total amount of $1,967.74 ($1,000.00 plus $967.74), by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord unpaid rent, in the total amount of $1,967.74, by November 12,
2024.
DATED at Charlottetown, Prince Edward Island, this 23rd 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.