LD25-313

Landlord application · rent arrears. Outcome: granted. I find that the Landlord has established a claim for rent owing in the amount of $1,041.10.

Linked prior order: LD25-312

Order text

Order of The Director of Residential Tenancy
Docket 25-600 August 20, 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 rent owing from the Tenant in the amount of $1,041.10.
DISPOSITION
[3] I find that the Landlord has established a claim for rent owing in the amount of $1,041.10.
BACKGROUND
[4] The Unit is an apartment in a multi-unit building owned by the Landlord (“Residential Property”).
[5] Approximately 8-10 years ago, the Tenant and a previous landlord entered into an oral month-tomonth tenancy agreement for the Unit. Rent of $782.00 is due on the first day of the month. A security deposit was not required.
[6] In April 2025, the Landlord took over ownership of the Residential Property, and the tenancy agreement continued.
[7] On July 15, 2025, the Landlord served the Tenant with a Form 4(A) Eviction Notice with a vacate date of August 4, 2025 (“First Notice”) for non-payment of $360.00 in rent.
[8] On July 15, 2025, the Landlord served the Tenant with a Form 4(A) Eviction Notice with a vacate date of September 1, 2025, (“Second Notice”) for permitting an unreasonable number of occupants in the rental unit, disturbing and endangering others or putting the Landlord’s property at significant risk, causing damage to the rental unit, and not repairing damage to the rental unit.
[9] On July 25, 2025, the Tenant filed a Form 2(A) Tenant Application to Determine Dispute (“Tenant Application”) with the Rental Office, disputing the First Notice and the Second Notice.
[10] On July 28, 2025, the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (“Landlord 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 LD25-312. The Landlord Application also seeks rent owing, which is determined in this Order.
[11] On August 4, 2025, the Landlord served the Tenant with a Form 4(A) Eviction Notice with a vacate date of August 24, 2025 (“Third Notice”) for non-payment of $1,142.00 in rent.
[12] On August 4, 2025, the Rental Office sent the parties notice of a teleconference hearing scheduled for August 19, 2025.
[13] On August 13, 2025, the Rental Office emailed the parties a 19-page PDF evidence package.
[14] On August 19, 2025, the Tenant and the Landlord participated in a teleconference hearing. The parties confirmed receipt of the evidence package, and the Landlord confirmed that all evidence submitted to the Rental Office was included. The Tenant submitted no documents or evidence.
[15] During the hearing, the Tenant stated that he disagreed with the Landlord’s testimony and that he was no longer going to participate in the hearing. The Tenant disconnected from the teleconference hearing, and the hearing proceeded in the Tenant’s absence.

ISSUE
A. Does the Tenant owe the Landlord rent?
ANALYSIS AND CONCLUSION
[16] In Order LD25-312, the Landlord established that the Tenant owes the Landlord $360.00 in rental arrears, and the Tenant did not pay rent for August 2025.
[17] The tenancy agreement is terminated effective August 27, 2025. The Tenant must also pay the Landlord rent for August 1 to 27, 2025, in the amount of $681.10 (27 days divided by 31 days multiplied by $782.00).
[18] The total amount of rent owing is $1,041.10 and must be paid by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord the amount of $1,041.10 by September 22, 2025.
DATED at Charlottetown, Prince Edward Island, this 20th day of August, 2025.
(sgd.) Mitch King Mitch King 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.