LD24-373

Landlord application · other. Outcome: granted. I find that the Tenant must pay the Landlord rent in the amount of $1,000.00.

Linked prior order: LD24-372

Order text

Orders of the Director of Residential Tenancy
Docket 24-699 November 6, 2024
INTRODUCTION
[1] The Landlord seeks a monetary order against the Tenant for September 2024 rent.
DISPOSITION
[2] I find that the Tenant must pay the Landlord rent in the amount of $1,000.00.
BACKGROUND
[3] The Unit is a one-bedroom, one-bathroom apartment located in a building containing twenty rental units and five commercial units that the Landlord has owned for about five years.
[4] The parties entered into a written, fixed-term tenancy agreement for the Unit from May 1, 2024 to April 30, 2025. The Tenant moved in prior to the fixed term. A security deposit of $1,000.00 was paid on April 5, 2024. Rent of $1,000.00 is due on the first day of the month.
[5] On September 20, 2024 the Landlord served the Tenant with a Form 4 (A) Eviction Notice with an effective date of October 10, 2024 (the “Notice”) for non-payment of September 2024 rent.
[6] On October 22, 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 order for rent owing, which is the subject of this decision.
[7] The Application also requested an order for vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is the subject of Order LD24-372.
[8] On October 24, 2024 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for November 5, 2024 along with a copy of the Application.
[9] On October 31, 2024 the Rental Office emailed the parties a 35-page evidence package (the “Evidence Package”).
[10] On November 4, 2024 the Rental Office emailed the parties a 4-page supplementary evidence package (the “Supplementary Evidence Package”).
[11] On November 5, 2024 the parties joined the teleconference hearing. The parties confirmed receipt of the Evidence Package and the Supplementary Evidence Package. During the hearing documents from the Tenant were added to the record.
ISSUE
A. Does the Tenant owe rent to the Landlord?

Orders of the Director of Residential Tenancy

ANALYSIS
[12] The evidence provided by both parties establishes that the Tenant did not pay September 2024 rent, in the amount of $1,000.00. The Tenant must pay this rent to the Landlord by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord rent in the amount of $1,000.00 by November 30, 2024.
DATED at Charlottetown, Prince Edward Island, this 6th day of November, 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.