LD25-302

Landlord application · security deposit, rent arrears. Outcome: granted. I find that the Landlord has established a claim for rent owing in the amount of $2,004.52. [4] The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $1,210.96. [5] The Tenant will pay the Landlord the rent owing balance of $793.56 by the time

Linked prior order: LD25-303

Order text

Order of The Director of Residential Tenancy
Docket 25-567 August 14, 2025
INTRODUCTION
[1] This decision determines an application filed with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Landlord seeks rent owing from the Tenant in the amount of $2,004.52.
DISPOSITION
[3] I find that the Landlord has established a claim for rent owing in the amount of $2,004.52.
[4] The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $1,210.96.
[5] The Tenant will pay the Landlord the rent owing balance of $793.56 by the timeline below.
BACKGROUND
[6] The Unit is an apartment in a multi-unit building (the “Residential Property”).
[7] The parties entered into a written fixed-term tenancy agreement for the Unit, effective from February 1, 2025, to July 31, 2025. A security deposit of $1,195.00 was paid on January 31, 2025.
Rent of $1,195.00 is due on the first day of each month.
[8] On June 4, 2025, the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of June 24, 2025 (the “Notice”) for non-payment of June 2025’s rent of $1,195.00.
[9] On June 25, 2025, the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “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 LD25-303. The Application also seeks rent owing, which is determined in this Order.
[10] On July 29, 2025, the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for August 12, 2025.
[11] On July 7, 2025, the Rental Office emailed an 18-page PDF evidence package to the parties.
[12] On August 12, 2025, the Landlord’s representative (the “Representative”) called into the teleconference hearing. I telephoned the Tenant, and the Tenant joined the hearing.
[13] The Tenant stated that he did not dispute that he owed rent for July and August 2025 and that he was planning on moving out at the end of the month. The Tenant had poor telephone reception and kept getting disconnected from the hearing. The Tenant stated that the hearing could proceed in his absence as he was unable to stay connected to the hearing.
[14] The hearing proceeded in the Tenant’s absence. The Representative confirmed receipt of the evidence package and stated that all evidence the Landlord submitted to the Rental Office was included.
ISSUE
A. Does the Tenant owe the Landlord rent? Can the Landlord keep the Tenant’s security deposit?

ANALYSIS AND CONCLUSION
[15] In Order LD25-303, the Landlord established that the Tenant owes the Landlord $1,195.00 in rent for July 2025. The Tenant has not paid rent for August 2025.
[16] The tenancy agreement is terminated effective August 21, 2025. The Tenant must also pay the Landlord rent for August 1 to 21, 2025, in the amount of $809.52 (21 days divided by 31 days multiplied by $1,195.00).
[17] The total amount of rent owing is $2,004.52.
[18] I find that the Landlord will keep the Tenant’s security deposit, including interest, of $1,210.96, for rent owing.
[19] I find that the Tenant must pay the Landlord the rent owing balance of $793.56 by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenant’s security deposit, including interest, of $1,210.96 for rent owing.
2. The Tenant must pay the Landlord the amount of $793.56 by September 15, 2025.
DATED at Charlottetown, Prince Edward Island, this 14th 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.