Order LR01-07 - Rental Appeal -A-007-01 Property Care and Rental Inc. v. Lawlor (June 29, 2001)

Docket A-007-01
Order LR01-07

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Property Care and Rental Inc. (the Lessor) against Order No. LD01-122 of the Director of Residential Rental Property dated June 21, 2001.

BEFORE THE COMMISSION

on Friday, the 29th day of June, 2001.

Maurice Rodgerson, Panel Chair
James Carragher, Commissioner
Kathy Kennedy, Commissioner

Order

Participants

1.     Appellant:   James Lawlor
                        (Lessee)

2.   Respondent:  Property Care and Rental Inc.
                        Agent: Ron Switzer
                        (Lessor)

Reasons for Order

1. Introduction

James Lawlor occupies apartment #6 at 55 Upper Prince Street, Charlottetown. Mr. Lawlor is appealing an Order from the Director of Residential Rental Property ordering "Possession of the residential premises is to be surrendered to the lessor on or before midnight, June 22, 2001, and if this does not occur by that date and time, the sheriff is directed to put the lessor in possession of the premises."

2. Background

The Lessee rented the apartment on September 15, 2000 and signed a rental agreement, which included agreement that rent in the amount of $425.00 per month will be paid on the first day of each month.

On May 9, 2001 a Form 4 Notice of Termination by Lessor of Rental Agreement was served on the Lessee. The reason given was failure to pay rent in the amount of $429.25 due on the first day of May. The notice also indicated the Lessee had to vacate the premises on or before May 29, 2001.

Form 4 includes the statement "You are advised of your right to invalidate this notice by paying all rent due within ten days of receiving this notice."

Evidence indicates the rent was not paid, and the Lessee admits the rent was not paid for the months of May and June.

June 11, 2001 the Lessor filed Form 2 Application for Enforcement of Statutory or Other Conditions of Rental Agreement. The stated reason was the failure of the lessee to pay rent as a result of being served Form 4, and having failed to pay the rent also failed to vacate the premises by May 29, 2001.

A rental hearing was held on June 21, 2001. Both parties were present at the hearing. The Lessee did not present any evidence, but did indicate he would pay the rent for the month of May by July 3, 2001.

The Commission has reviewed the material submitted by the Lessor and the Order of the Director of Residential Rental Property.

It is noted that a rental agreement was signed at the time the apartment was rented and the Lessee agreed to pay the monthly rent in full on the first day of each month.

Section 13(1) of the Rental of Residential Property Act states:

"Where a lessee fails to pay rent in accordance with the rental agreement, the lessor may, on any day following the day the rent was due, serve the lessee with a notice of termination to be effective not earlier than twenty days after the date it is served."

The Lessor complied with this requirement.

Section 13 (2) states:

"A lessee may, within ten days of being served with a notice of termination under subsection (1) deliver to the lessor all the rent due as of that date, whereupon the notice shall be void."

The Lessee did not meet this requirement.

The Commission is satisfied the Lessor acted appropriately and within the requirements of the Rental of Residential Property Act.

Although the Lessee raised some question about the Tenant Ledger (Exhibit E-7), and presented a number of receipts covering rent payments (Exhibit E-12) it was agreed that rent was not paid for May or June.

The Lessee also made an offer to pay one months rent on July 3, 2001. However that would still leave two full months rent owing as rent for July will also be due by that time.   The Lessor is not interested in such an arrangement.

The Lessee is clearly in violation of the rental agreement and the Lessor has the right to require delivery of possession of the apartment unit.

3. Decision

For the above reasons, the Commission denies the appeal. The Order of the Director of Residential Rental Property is confirmed.

Order

WHEREAS James Lawlor filed an appeal dated June 22, 2001;

AND WHEREAS the Commission heard the appeal in Charlottetown on June 29, 2001;

NOW THEREFORE, for the reasons given in the annexed Reasons for Order;

IT IS ORDERED THAT

The appeal is denied;

The Commission reaffirms the Order of the Director of Residential Rental Property which requires the immediate delivery of possession of Apartment #6 to the Lessor.

DATED at Charlottetown, Prince Edward Island, this 29th day of June, 2001.

BY THE COMMISSION:

Maurice Rodgerson, Panel Chair

James Carragher, Commissioner

Kathy Kennedy, Commissioner

NOTICE

Sections 26.(2), 26.(3), 26.(4) and 26.(5) of the Rental of Residential Property Act provide as follows:
26.(2) A lessor or lessee may, within fifteen days of the decision of the Commission, appeal to the court on a question of law only.

(3) The rules of court governing appeals apply to an appeal under subsection (2).

(4) Where the Commission has confirmed, reversed or varied an order of the Director and no appeal has been taken within the time specified in subsection (2), the lessor or lessee may file the order in the court.

(5) Where an order is filed pursuant to subsection (4), it may be enforced as if it were an order of the court.