LD25-402

Landlord application · security deposit, rent arrears. Outcome: granted. The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $1,517.05.

Order text

Order of The Director of Residential Tenancy
Docket 25-570 November 13, 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 wants to keep the Tenant’s security deposit, including interest for rent owing and cleaning, in the amount of $1,517.05.
DISPOSITION
[3] The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $1,517.05.
BACKGROUND
[4] The Unit is a one-bedroom, one-bathroom rental unit in a multi-unit building, owned by the Landlord.
[5] On June 1, 2025 the parties entered into an oral, four-month fixed-term tenancy agreement. Rent in the amount of $1,500.00 was due on the first day of the month. A $1,500.00 security deposit was paid.
[6] Around June 26, 2025 the Tenant gave the Landlord notice to end the tenancy effective June 30,
2025.
[7] On June 28, 2025 the Tenant vacated the Unit.
[8] On July 14, 2025 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Rental Office seeking to keep the Tenant’s security deposit plus interest.
[9] On October 15, 2025 the Rental Office emailed the parties notice of a telephone hearing scheduled for November 13, 2025 along with a copy of the Application.
[10] On October 31, 2025 the Rental Office emailed the parties a six-page PDF evidence package.
[11] On November 13, 2025 the Landlord’s representative (the “Representative”) and the Landlord’s witness (“NA”) joined the telephone hearing for determination of the Application. I telephoned the Tenant without response. I emailed the Tenant the telephone hearing details. The hearing proceeded ten minutes after the scheduled time in the Tenant’s absence.
ISSUE
A. Has the Landlord established claims against the Tenant for rent owing and cleaning?
ANALYSIS
[12] For the reasons below, I find that the Landlord established valid claims against the Tenant for rent owing and cleaning, in the amount of $1,517.05.
[13] The Representative and NH provided undisputed evidence that the Tenant vacated the Unit early without giving one-months’ notice. The Unit was also left unclean and required some cleaning, supplies and labour. The Representative stated that it cost a couple hundred dollars but was not seeking the full amount of compensation for cleaning.
[14] I find that the evidence establishes that the Tenant gave the Landlord insufficient notice required under subsection 55(2) of the Act. Therefore, the Landlord is entitled to rent for July 2025.

[15] The Landlord will keep the Tenant’s security deposit for July 2025 rent and the interest to setoff the cleaning expenses.
[16] The Application is allowed. The Landlord can keep the Tenant’s security deposit, including interest in the amount of $1,517.05.
Tenancy Agreement Form
[17] Since April 8, 2023 landlords on Prince Edward Island have been required to prepare a written tenancy agreement containing specific information.
[18] Subsections 11(1) and (2) of the Act state:
(1) A landlord shall prepare a written tenancy agreement in respect of a tenancy that is entered into on or after the date this Act comes into force.
(2) The landlord shall ensure that the tenancy agreement complies with the requirements of this Act and the regulations and includes (a) the provisions set out in Division 4;
(b) the correct legal names of the landlord and tenant;
(c) the address of the rental unit;
(d) the date the tenancy agreement is entered into;
(e) the address for service and telephone number of the landlord, or the landlord’s agent, and the tenant;
(f) the services and facilities included in the rent;
(g) the amount of rent that was charged, and the services and facilities that were provided, to the previous tenant of the rental unit, unless there was no previous tenant;
(h) the name and contact information of any person the tenant is to contact for emergency repairs; and (i) the agreed terms in respect of (i) the date on which the tenancy starts, (ii) if the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis, (iii) if the tenancy is a fixed-term tenancy, the date on which the term ends, (iv) the amount of rent payable for a specified period, (v) the day on which the rent is due and the frequency of payment, and (vi) the amount of any security deposit and the date the security deposit was or is required to be paid.
[19] The Landlord must ensure that written tenancy agreements are prepared that include all mandatory information. The standard form tenancy agreement (Form 1 – Standard Form of Tenancy Agreement) is available on the Rental Office’s website.
Mandatory Inspections
[20] Landlords and tenants must inspect the rental unit at the start and at the end of the tenancy.
Landlords must complete an inspection report for both inspections under sections 18 and 38 of the Act. The standard form (Form 5 – Landlord Condition Inspection Report) is available on the Rental Office’s website.

IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $1,517.05.
DATED at Charlottetown, Prince Edward Island, this 13th 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.