LD24-293

Landlord application · security deposit, compensation. Outcome: granted. I. The Landlord shall retain the full amount of the security deposit and interest. II. The Tenant shall pay the Landlord $1,450.00 by October 2, 2024.

Order text

Orders of the Director of Residential Tenancy Dockets 24-452 and 24-453 September 11, 2024
INTRODUCTION
[1] The applicable legislation is the Residential Tenancy Act (the “Act”).
[2] On July 10, 2024 the Landlord’s representatives (the “Representatives”) filed a Form 2 (B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”).
[3] On July 17, 2024 the Application was amended. The Application seeks to retain the Tenant’s security deposit and seeks compensation exceeding the full amount of the security deposit, including rent owed. The Application was text messaged to the Tenant.
[4] On July 24, 2024 the Rental Office emailed the parties notice of a teleconference hearing, along with a copy of the Application.
[5] On July 29, 2024 the Rental Office resent the Tenant a copy of the notice of a teleconference hearing.
[6] On August 8, 2024 the Rental Office emailed the parties the evidence package (“EP”).
[7] On August 15, 2024 at 11:00 a.m. a teleconference hearing was held before the Residential Tenancy Officer (the “Officer”). The Representatives and the Tenant participated at the hearing.
[8] On August 15, 2024 the parties submitted additional evidence. The Tenant submitted an email submission, and the Representatives submitted one document.
ISSUES
i. Is the Landlord entitled to retain the security deposit?
ii. Is the Landlord entitled to compensation exceeding the security deposit, including rent owed?
SUMMARY OF EVIDENCE
[9] The Rental Unit is an apartment situated in a 3-unit apartment building.
[10] On July 1, 2022 the parties entered into a written fixed-term tenancy agreement, which converted to a month-to-month agreement. Rent was $1,450.00 due on the first day of the month. On July 1, 2022 the Tenant paid the Landlord $1,450.00 for the security deposit.
[11] On June 30, 2024 the Tenant vacated the Rental Unit and the tenancy ended.
LANDLORD’S EVIDENCE AND SUBMISSIONS
[12] The Landlord submitted 36-pages of documents into evidence including: written submission attached to the Application, communication between the Tenant and the Representatives, emails, photographs, and a Form 5 Landlord Condition Inspection Report.
[13] The Representatives stated that the Landlord is seeking $5,430.00 in total compensation.
[14] The Representatives stated that on June 17, 2024 the Tenant text messaged to inform that she would be vacating the Rental Unit by the end of the month. The Representatives stated that the Tenant was required to give at least 1-month notice. The Representatives stated that the Tenant vacated on June 30, 2024.
[15] The Representative stated that due to the insufficient notice, the Tenant owes July 2024 rent in the amount of $1,450.00. The Landlord was unable to find a new tenant for July 2024.

Orders of the Director of Residential Tenancy Dockets 24-452 and 24-453 September 11, 2024
[16] The Representatives stated that the Tenant did not pay July 2024 rent. The Representatives stated that on July 2, 2024 $1,450.00 was taken from the Tenant’s account automatically, however, on July 4, 2024 the $1,450.00 was credited back to the Tenant and removed from the Landlord’s account.
[17] The Landlord submitted additional evidence showing the Landlord’s bank statement from July 1 to 16, 2024. The Tenant submitted additional evidence, an email submission corroborating that the bank did credit her the $1,450.00.
[18] The Representatives stated that the Rental Unit was left unclean and with undue damage. The Representatives stated that the Landlord is seeking to retain the security deposit to cover for some of the damage and cleaning costs.
[19] The Representatives stated that the Rental Unit required painting, work to the baseboard trim, new taps, replaced door knobs, light fixtures, and a new radiator. The Representatives stated that the cost associated with the cleaning and repairs is $11,200.00 as of the date of the hearing. However, the Landlord is only seeking to retain the security deposit amount for these costs.
[20] The Representatives stated that the Landlord is seeking an additional $2,530.00 in compensation for the cost to treat a cockroach infestation in the Rental Unit. The Representatives stated that the Tenant did not inform the Landlord of the cockroach infestation. The Representatives stated that they only became aware of the infestation during the end of tenancy inspection on July 8, 2024.
TENANT’S EVIDENCE AND SUBMISSIONS
[21] The Tenant submitted two pages of documents into evidence including: a written submission.
[22] The Tenant stated that the Representatives mentioned selling the Rental Unit, and this triggered the Tenant to look for new living accommodations. The Tenant stated that she believed rent for July 2024 was paid and did not see the money credited. However, the Tenant submitted additional evidence confirming that the bank did credit her the money back.
[23] The Tenant stated that she never intended to dispute the security deposit as she admitted to some of the damage alleged by the Landlord. The Tenant stated that the radiator was damaged by her grandson. The Tenant stated that her dog did chew the baseboard trim causing some damage.
The Tenant stated that the light fixture was broken during moving.
[24] The Tenant stated that she did not know about the cockroach infestation. The Tenant stated that if she noticed cockroaches in the Rental Unit she would have told the Representatives.
[25] In the Tenant’s written submissions (37-38 EP) the Tenant requested a counter claim for $8,400.00.
However, the Tenant did not file a Form 2 (A) Tenant Application to Determine Dispute with the Rental Office. Further, the Tenant stated that she did not intend to file an application and was no longer seeking the counterclaims made in her written submission.

Orders of the Director of Residential Tenancy Dockets 24-452 and 24-453 September 11, 2024
ANALYSIS & CONCLUSION
[26] The Application is 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. Further, the Application seek an order for rent owed, along with additional compensation above the total amount of the security deposit.
Section 40(1) of the Act 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.
[27] Further, clauses 39(2), 55(2) and 85(1)(d) of the Act state:
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.
55. Notice for monthly or other periodic tenancy
(2) A tenant may end a month-to-month or other periodic tenancy by giving the landlord a
notice of termination effective on a date that
(a) is not earlier than one month after the date the landlord receives the notice; and (b) is the day before the day that rent is payable under the tenancy agreement.
85. Powers of the Director
(1) After hearing an application, the Director may make an order (d) requiring a landlord to compensate a tenant or a tenant to compensate a landlord for loss suffered or expense incurred as a result of a contravention of this Act or the tenancy agreement.
[28] The Landlord initiated the Application 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.
[29] The Landlord seeks a monetary order of $5,430.00. This includes:
1. $1,450.00 for July 2024 rent;
2. $1,450.00 plus interest for cleaning and undue damage; and
3. $2,530.00 for treatment for a cockroach infestation.

Orders of the Director of Residential Tenancy Dockets 24-452 and 24-453 September 11, 2024 July 2024 rent in the amount of $1,450.00
[30] Based on the undisputed testimony, evidence, and additional evidence submitted by the parties, the Tenant vacated the Rental Unit without giving the required one-month notice. The Tenant did not pay July 2024 rent. Therefore, the Tenant owes the Landlord $1,450.00 for July 2024 rent.
Claim allowed.
Damage and cleaning in the amount of $1,450.00 plus interest
[31] To begin, the Officer notes that the Landlord did not submit any “before” photographs into evidence to demonstrate the state and/or 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.
[32] The Landlord did submit photographs at the end of the tenancy along with the inspection report.
The Tenant did not dispute causing some of the damage alleged by the Landlord and was not disputing the Landlord retaining the security deposit. The Officer finds that the Landlord has valid grounds to retain the security deposit and interest for the undue damage and cleaning of the Rental Unit. Claim allowed.
Treatment for cockroach infestation in the amount of $2,530.00
[33] The Representatives allege that the Tenant did not inform the Landlord of the cockroach infestation.
However, the Tenant stated that she was unware of the cockroaches in the Rental Unit. The Officer finds that the Landlord has not provided sufficient evidence to prove that the Tenant caused the cockroach infestation and/or that the Tenant was aware of the infestation and neglected to inform the Landlord. Claim denied.
[34] The Application is allowed in part. The Landlord is entitled to retain the security deposit, with interest and the Landlord is entitled to additional compensation for rent owed. The Officer’s calculations are as follows:
Item Amount Rent owed for July 2024 $1,450.00 Compensation for repairs and cleaning $1,508.98 Total Compensation $2,958.98 Less security deposit & interest ($1,508.98) Amount owed to the Landlord $1,450.00
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 $1,450.00 by October 2, 2024.
DATED at Charlottetown, Prince Edward Island, this 11th day of September, 2024.
(sgd.) Cody Burke Cody Burke Residential Tenancy Officer

Orders of the Director of Residential Tenancy Dockets 24-452 and 24-453 September 11, 2024
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.