LD26-217

Landlord application · security deposit, rent arrears. Outcome: granted. The Tenant must pay the Landlord $5,180.65 by the timeline below.

Linked prior order: LD26-218

Order text

Order of The Director of Residential Tenancy
Docket 26-343 July 03, 2026
INTRODUCTION
[1] This decision addresses an application filed with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Landlord seeks an order requiring the Tenant to pay the rent owing.
DISPOSITION
[3] The Tenant must pay the Landlord $5,180.65 by the timeline below.
BACKGROUND
[4] The Unit is a house owned by the Landlord.
[5] The parties entered into a written fixed-term tenancy agreement for the period of June 1, 2025, to June 1, 2026. The tenancy then continued on a monthly basis. Rent is $1,800.00 per month, due on the first of the month. A security deposit of $1,500.00 was paid on May 5, 2025.
[6] On April 2, 2026, the Landlord served the Tenant with a Form 4(A) Eviction Notice, effective April 22, 2026 (the “Notice”), for failure to pay rent in the amount of $2,200.00. The Notice was served by email.
[7] On June 1, 2026, the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) seeking the rent owing. The Application was served by email.
[8] The Landlord is also seeking vacant possession of the Unit, which is determined in Order LD26-218.
[9] On June 10, 2026, the Rental Office emailed the parties notice of a tele-hearing scheduled for July 2, 2026.
[10] On June 19, 2026, the Rental Office emailed the parties a 15-page PDF evidence package.
[11] On July 2, 2026, the Landlord and the Tenant participated in the tele-hearing. The parties confirmed receipt of the evidence package, and the Landlord stated that all evidence she submitted was included. The Tenant submitted no evidence.
ISSUE
A. Does the Tenant owe the Landlord rent?
EVIDENCE
[12] The onus is on the Landlord, as the party asserting her claims against the Tenant, to provide clear evidence to establish those claims on a balance of probabilities.
[13] The Landlord stated the Tenant owes the Landlord $4,600.00 in outstanding rent for April 2026 ($1,500.00), May 2026 ($1,300.00), and June 2026 ($1,800.00). Additionally, no rent for July 2026 had been paid as of the hearing date.
[14] The Tenant agreed with the Landlord’s evidence and stated that she owed $4,600.00 in rent and that no rent had been paid for July 2026. The Tenant stated that she was planning on vacating the Unit within the next week. The Tenant stated the Landlord could keep the security deposit for the rent owing.

ANALYSIS & FINDINGS
[15] Based on the parties’ testimony and documentary evidence, I find that the Landlord has established that the Tenant owes the Landlord $4,600.00 in outstanding rent, calculated as follows: April 2026 ($1,500.00), May 2026 ($1,300.00), and June 2026 ($1,800.00).
[16] In Order LD26-218, I found that the tenancy ends on July 10, 2026, due to non-payment of rent.
The Tenant will also pay the Landlord prorated rent of $580.65 for 10 days in July 2026 (10/31 x $1,800.00).
[17] The Tenant must pay the Landlord $5,180.65 by the timeline below.
[18] In the event the outstanding rent remains unpaid by the Tenant by July 10, 2026, the Landlord may, at her option, retain the security deposit, including interest, to offset the amount of rent owing by the Tenant.
[19] The Application is allowed.
IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord $5,180.65 by September 3, 2026.
2. In the event the outstanding rent remains unpaid by the Tenant by July 10, 2026, the Landlord may, at her option, retain the security deposit, including interest, to offset the amount of rent owing by the Tenant.
DATED at Charlottetown, Prince Edward Island, this 3rd day of July, 2026.
(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.