LD25-392

Landlord application · rent arrears. Outcome: granted. The Tenant must pay the Landlord $4,279.33 by the timeline below.

Linked prior order: LD25-391

Order text

Order of The Director of Residential Tenancy
Docket 25-727 November 03, 2025
INTRODUCTION
[1] This decision determines an application filed by the Landlord with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act, cap. R-13.11 (the “Act”).
[2] The Landlord seeks a monetary Order against the Tenant for rent owing, which amounts to $4,279.33.
DISPOSITION
[3] The Tenant must pay the Landlord $4,279.33 by the timeline below.
BACKGROUND
[4] The Unit is a two-bedroom, one bathroom, one-half of a duplex, owned by the Landlord.
[5] On February 13, 2019 the Tenant moved into the Unit.
[6] On February 28, 2019 the parties signed a written, monthly tenancy agreement. Rent in the amount of $1,595.00 is due on the first day of the month. A $1,000.00 security deposit was paid.
[7] On August 10, 2025 the Landlord served the Tenant with a Form 4(A) Eviction Notice effective August 30, 2025 (the “Notice”) for non-payment of rent and repeatedly late rent payments.
[8] On September 15, 2025 the Landlord filed an amended Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Rental Office seeking vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is determined in Order LD25-391. The Landlord also seeks an Order for rent owing, which is determined in this decision. The Application was served to the Tenant.
[9] On September 17, 2025 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for October 2, 2025 along with a copy of the Application.
[10] On September 24, 2025 the Rental Office emailed the parties a twenty-eight-page evidence package.
[11] On October 2, 2025 the Landlord and the Tenant joined the teleconference hearing for determination of the Application. The parties confirmed that they received the evidence package and confirmed that all evidence submitted to the Rental Office was included.
[12] During the hearing the parties agreed to adjourn the hearing and continue on October 20, 2025.
[13] On October 20, 2025 the Landlord and the Tenant joined the teleconference for the continuation of the hearing. The Tenant submitted two emails with four attachments, which were forwarded to the Landlord. The parties agreed once more to adjourn the hearing and continue on November 3, 2025.
[14] On October 27, 2025 the Tenant submitted an email to the Rental Office, which was forwarded to the Landlord. The Landlord responded to the Tenant’s email, which was forwarded to the Tenant.
[15] On November 3, 2025 the Landlord and the Tenant joined the teleconference for the continuation of the hearing. The Tenant submitted two emails to the Rental Office, which were forwarded to the Landlord.
ISSUE
A. Does the Tenant owe rent to the Landlord?

ANALYSIS
[16] The evidence establishes that the Tenant owes the Landlord rent for August, September, October and November 2025.
[17] In Order LD25-391, the tenancy is terminated effective November 14, 2025 at 5:00 p.m. The Tenant must pay the Landlord the outstanding rent for August, September, October 2025, in the amount of $3,535.00 (August rent $345.00 + September rent $1,595.00 + October rent $1,595.00). The Tenant will also pay the Landlord fourteen (14) days pro-rated rent for November 2025, in the amount of $744.33 (14 days divided by 30 days multiplied by $1,595.00).
[18] The Landlord’s total claim is $4,279.33.
[19] I decline to offset the Tenant’s security deposit against the rent owing claim because the parties have discussed the possibility of the tenancy continuing if the rental arrears are paid.
[20] If the parties agree to continue the tenancy, then the Tenant is responsible for the remaining balance of November 2025’s rent.
[21] The Application is allowed.
IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord $4,279.33 by December 1, 2025.
DATED at Charlottetown, Prince Edward Island, this 3rd day of November, 2025.
(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.