LD25-322

Landlord application · eviction, rent arrears. Outcome: granted. I find that the Tenant and all occupants must vacate the Unit for non-payment of rent.

Linked prior order: LD25-223

Order text

Order of The Director of Residential Tenancy
Docket 25-637 August 28, 2025
INTRODUCTION
[1] This decision determines an application filed with the Residential Tenancy Office (“Rental Office”) under the Residential Tenancy Act (“Act”).
[2] The Landlord seeks an order requiring the Tenant and all occupants to vacate the Unit for nonpayment of rent.
DISPOSITION
[3] I find that the Tenant and all occupants must vacate the Unit for non-payment of rent.
BACKGROUND
[4] The Unit is a two-bedroom, one-bathroom apartment in a twelve-unit building.
[5] The Tenant and a former owner of the Unit entered into a written, fixed-term tenancy agreement for the Unit from October 16, 2021 to October 31, 2022. At end of the fixed-term the tenancy continued on a monthly basis. A security deposit of $1,500.00 was paid before the Tenant moved into the Unit. Rent of $1,580.54 is due on the first day of the month.
[6] On December 1, 2023 the Landlord commenced operating the Unit and the tenancy continued.
[7] The parties had a prior Rental Office dispute.
[8] On June 23, 2025 the Rental Office issued Orders LD25-223 and LD25-224, which are included in the evidence. The Orders ended the tenancy effective June 30, 2025 and awarded the Landlord rent owing. The Tenant paid the rent owing balance and the Landlord did not enforce the Orders.
[9] On July 4, 2025 the Landlord’s representative (“Representative”) served the Tenant with a Form 4(A) Eviction Notice with an effective date of July 24, 2025 (“Notice”) for non-payment of July rent, in the amount of $1,580.54.
[10] On July 24, 2025 the Representative filed a Form 2(B) Landlord Application to Determine Dispute (“Application”) with the Rental Office seeking vacant possession of the Unit and for Sheriff Services to put the Landlord in possession, which is determined in this decision. The Application also seeks rent owing, which is determined in Order LD25-323.
[11] On August 12, 2025 the Rental Office emailed the parties notice of a teleconference hearing scheduled for August 28, 2025, along with a copy of the Application.
[12] On August 21, 2025 the Rental Office emailed the parties a 28-page evidence package.
[13] On August 28, 2025 the Tenant and the Representative joined the teleconference hearing for determination of the Application. The parties confirmed that all evidence submitted to the Rental Office was included in the evidence package.
ISSUE
A. Must the Tenant and all occupants vacate the Unit due to the Notice?
ANALYSIS
[14] The Landlord’s reason for terminating the tenancy is under subsection 60(1) of the Act, which states:

A landlord may end a tenancy if rent is unpaid after the day it is due, by giving a notice of termination effective on a date that is not earlier than 20 days after the date the tenant receives the notice.
[15] The Tenant was responsible for paying July rent to the Landlord by July 1, 2025. The evidence establishes that the rent was not paid on time and $1,580.54 was owed as of July 4, 2025, the date that the Notice was served.
[16] The rent owing was not paid in full by July 14, 2025. Therefore, the Notice was not invalidated under clause 60(4)(a) of the Act, which states:
Within 10 days after receiving a notice of termination under this section, the tenant may (a) pay the overdue rent, in which case the notice of termination has no effect.
[17] The Tenant paid $580.54 on July 5, 2025. On July 14, 2025, which was the last day to invalidate the Notice, the outstanding balance of July’s rent was $1,000.00.
[18] On July 24, 2025 the Tenant paid $250.00.
[19] On July 28, 2025 the Landlord credited the Tenant $350.00 towards the rental arrears.
[20] On July 31, 2025 the Tenant paid $400.00 to fully pay July’s rent.
[21] The Tenant did not pay August’s rent. The Landlord applied a $50.00 credit to August’s rent. The Tenant owes $1,530.54 for August’s rent.
[22] On August 5, 2025 the Tenant was served another Form 4(A) Eviction Notice for non-payment of rent. This eviction notice was not included in the evidence.
[23] The Tenant did not file an application with the Rental Office disputing the Notice.
[24] The evidence does not establish that the Notice was waived, the tenancy was reinstated or a new tenancy was created under section 74 of the Act.
[25] For these reasons, I find that the Notice is valid and the Application is allowed.
[26] The Tenant and all occupants must vacate the Unit by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The tenancy between the parties will terminate effective 5:00 p.m. on September 4, 2025.
2. The Tenant and all occupants must vacate the Unit by this time and date.
3. A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted by the Act.
DATED at Charlottetown, Prince Edward Island, this 28th day of August, 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 7 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.