LD25-277

Landlord application · security deposit, rent arrears. Outcome: granted. I find that the Landlord has established a claim for rent owing, in the total amount of $1,931.55. [4] The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $616.17. The Tenant will pay the Landlord the remaining balance of $1,315.38 by the ti

Linked prior order: LD25-276

Order text

Order of The Director of Residential Tenancy
Docket 25-518 July 29, 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 against the Tenant for rent owing, in the total amount of $1,931.55.
DISPOSITION
[3] I find that the Landlord has established a claim for rent owing, in the total amount of $1,931.55.
[4] The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $616.17.
The Tenant will pay the Landlord the remaining balance of $1,315.38 by the timeline below.
BACKGROUND
[5] The Unit is a one-bedroom, one-bathroom, rental unit in an 18-unit building (“Residential Property”).
[6] The parties entered into a tenancy agreement in December 2022. A $580.00 security deposit was paid. Rent in the amount of $611.00 is due on the first day of the month.
[7] On June 10, 2025 the Landlord’s representative (“Representative”) served the Tenant with a Form 4(A) Eviction Notice with an effective date of June 30, 2025 (“Notice”) for non-payment of rent, disturbing others and illegal activity on the Residential Property.
[8] On July 9, 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 Order LD25-276. The Application also seeks rent owing, which is determined in this decision. The Application was taped to the Unit’s door.
[9] On July 17, 2025 the Rental Office emailed the Representative a notice of teleconference hearing scheduled for July 29, 2025. The Representative taped a copy of the notice of hearing to the Unit’s door.
[10] On July 24, 2025 the Rental Office emailed the Representative a 10-page PDF evidence package.
The Representative taped a copy of the evidence package to the Unit’s door. The Tenant did not submit any evidence.
[11] On July 29, 2025 the Representative joined the teleconference hearing. The Tenant did not join. I telephoned the Tenant and left a voicemail message with the Rental Office’s telephone number.
The hearing proceeded in the Tenant’s absence ten minutes after the scheduled hearing. The Representative confirmed that all evidence submitted to the Rental Office was included in the evidence package.
ISSUE
A. Does the Tenant owe rent to the Landlord? Can the Landlord keep the Tenant’s security deposit?
ANALYSIS
[12] The evidence establishes that the Tenant owes the Landlord rent for May, June and July 2025.

[13] In Order LD25-276, the tenancy is terminated effective 5:00 p.m. on August 5, 2025. The Tenant must pay the Landlord rent for May, June, July 2025, in the amount of $1,833.00 ($611.00 multiplied by 3 months). The Tenant will also pay the Landlord five (5) days pro-rated rent for August 2025, in the amount of $98.55 (5 days divided by 31 days multiplied by $611.00).
[14] The Landlord’s total claim is $1,931.55.
[15] The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $616.17 for rent owing. The Tenant must pay the Landlord the remaining balance of $1,315.38 by the timeline below.
[16] I note that the Tenant does not have an email address for service of this Order. I have instructed the Representative to post a copy of this Order to the Unit’s door immediately upon delivery (see clause 87(1)(d) of the Act).
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $616.17.
2. The Tenant must pay the Landlord the amount of $1,315.38 by September 2, 2025.
DATED at Charlottetown, Prince Edward Island, this 29th day of July, 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.