LD25-339

Landlord application · eviction, rent arrears. Outcome: granted. I find that the Tenant and all occupants must vacate the Unit for non-payment of rent.

Linked prior order: LD25-340

Order text

Order of The Director of Residential Tenancy
Docket 25-602 September 16, 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 to end the tenancy for non-payment of rent and the security deposit.
[3] The Tenant disputes the reasons contained in the eviction notice.
DISPOSITION
[4] I find that the Tenant and all occupants must vacate the Unit for non-payment of rent.
BACKGROUND
[5] The Unit is a two-bedroom, one-bathroom, single-family home owned by the Landlord.
[6] On April 6, 2025, the parties entered into an oral, monthly tenancy agreement for the Unit. Rent in the amount of $1,250.00 is due on the first day of the month. The included services, particularly electricity, is disputed by the parties. A $1,250.00 security deposit was required. The parties dispute whether the security deposit was paid.
[7] On July 15, 2025, the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of July 25, 2025 (“Notice”) for non-payment of May and June 2025’s rent, utilities and the security deposit.
[8] The correct effective date is August 4, 2025, which is automatically changed under section 54 of the Act to comply with the minimum notice period in subsection 60(3).
[9] On July 22, 2025, the Tenant filed a Form 2(A) Tenant Application to Determine Dispute (“Application”) with the Rental Office disputing the Notice, which is determined in this decision. On August 4, 2025, the Application was amended. The Application also seeks compensation, which is determined in Order LD25-340
[10] On August 7, 2025, the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for September 4, 2025.
[11] On August 12, 2025, the Tenant was permitted an adjournment of the September 4, 2025, teleconference hearing. The Rental Office emailed the parties an updated notice of teleconference hearing scheduled for September 8, 2025.
[12] On September 4, 2025, the Rental Office made available to the parties 280-pages and 4-videorecording evidence package via TitanFile.
[13] On September 5, 2025, the Rental Office emailed the parties a 61-page supplementary evidence package.
[14] On September 8, 2025, the Tenant, the Tenant’s witness (“G.B.”), the Landlord and the Landlord’s representative joined the teleconference hearing for determination of the Application. The parties confirmed that all evidence submitted to the Rental Office was included in the evidence package and the supplementary evidence package.
[15] During the teleconference hearing, I requested the parties submit additional documentary evidence.

Landlord Post-Hearing Additional Evidence
[16] On September 9, 2025, the Landlord submitted an email, which included text and six screenshots.
The additional evidence was forwarded to the Tenant.
[17] On September 10, 2025, the Landlord submitted another email with text and four photographs. This email and its contents was not accepted into evidence and was not forwarded to the Tenant.
Tenant Post-Hearing Additional Evidence
[18] On September 9, 2025, the Tenant submitted three emails, which included text and 20 photographs attached. The additional evidence was forwarded to the Landlord.
[19] On September 10, 2025, the Tenant submitted two more emails with text, no photographs or attachments were included. These two emails and its contents were not accepted into evidence and were not forwarded to the Landlord.
ISSUE
A. Must the Tenant vacate the Unit due to the Notice?
ANALYSIS
Legal Basis
[20] The Landlord has the onus to prove, on the civil standard of the balance of probabilities, a valid reason to end the tenancy contained in the Notice.
[21] In this case there are two reasons contained in the Notice. The first reason contained in the Notice alleges non-payment of rent for May 2025 and June 2025, in the amount of $2,500.00 and unpaid electricity bills, in the amount of $765.23. The second reason contained in the Notice is for nonpayment of the security deposit.
[22] The Landlord seeks to end the tenancy under clauses 60(1) and 61(1)(a) of the Act, which states:
A landlord may end a tenancy if rent is unpaid after the day it is due, by giving a
notice of termination effective on a date that is not earlier than 20 days after the date the tenant receives the notice.
A landlord may end a tenancy by giving a notice of termination where one or more of the following applies:
(a) The tenant does not pay the security deposit within 10 days of the date it is required to be paid under the tenancy agreement.
[23] In Order LR24-64, the Island Regulatory and Appeals Commission made the following comment regarding a landlord ending a tenancy (paragraph 21):
“The termination of a tenancy is a serious matter and accordingly a Landlord seeking to evict a tenant must put forward compelling evidence…”
[24] For the reasons below, I find that the Notice is valid for non-payment of rent.

Determination The Tenancy Agreement & the Proper Form
[25] The evidence establishes that the tenancy agreement was an oral, monthly agreement and that rent was $1,250.00 due on the first day of the month. The parties do not dispute that the amount of the security deposit required was $1,250.00. However, the parties dispute whether or not the rent and the security deposit was paid. The parties also dispute whether or not electricity is an included service in the tenancy agreement.
[26] Included in the evidence package was a two-page Form 1 Standard Form of Rental Agreement. I find that the evidence establishes that this document was not intended to be the parties’ tenancy agreement. The evidence establishes that the Landlord required this document be completed for their bank. The Tenant brought up concerns regarding the date of the document (January 1, 2025) and that another name (the former tenant of the Unit) was included.
[27] I find that this document is not relevant to the determination of this dispute.
[28] I note that the tenancy agreement in this case was oral. Subsections 11(1) and (2) of the Act require the tenancy agreement to be in writing. The Rental Office’s Form 1 – Standard Form of Tenancy Agreement is on the Rental Office’s website.
[29] Had the Landlord complied with section 11 of the Act, this would have prevented such conflicting evidence and uncertainty regarding details in the tenancy agreement.
Non-payment of rent
[30] To begin, I note that the parties presented conflicting evidence at the hearing. Simply put, the parties’ evidence as presented cannot both be accurate representations of the facts.
[31] In such circumstances, to determine the facts, I must weigh the evidence presented based upon its credibility, which is the party’s or witnesses’ capacity to be truthful (sincere) and the reliability of the evidence. This means the party or the witnesses’ ability to give accurate testimony as to events.
[32] The Landlord’s evidence is that the Tenant has not paid rent since taking possession of the Unit on April 6, 2025. The Landlord disputed the Tenant’s evidence that the rent was paid in cash each month.
[33] The Landlord submitted her bank statements from April to July 2025 into evidence. The Landlord stated that this shows that there were no transactions or deposits from the Tenant and no rent amount being deposited into her bank account. The Landlord stated that she did give the Tenant her bank account number to deposit the rent.
[34] The Landlord submitted additional evidence, which included a screenshot of all incoming and outgoing calls from the Landlord’s phone with dates from April 2 to 9, 2025 and May 29 to June 4,
2025. The Landlord stated that this shows that the Tenant did not call the Landlord on May 1 or June 1 and the only call from the Tenant was on April 4, 2025, which was a missed call.

[35] The Landlord also submitted additional evidence, which included text messages between the Tenant and the Landlord. The text messages stated:
• May 2, 2025 12:22 PM Landlord: “Hi [Tenant] *waving hand emoji* I wanna ask your month’s rent here’s my account [redacted].” • May 2, 2025 9:47 PM Landlord: “Hello I wanna ask about the rent.” Tenant’s partner: “Hello [Tenant] is at hospital with her son he had [redacted] she will contact in tomorrow we need the info what is that number for there should be bank name account et.” Tenant’s partner follow-up text: “etc… this [redacted name] she forward all calls etc. to me.” • May 4, 2025 8:46 AM Landlord: “Hi I’ll visit the house later.” • May 4, 2025 11:44 AM Tenant: “Can u just give the proper info please we have plans to see family today and services we are going to for funeral I have been sending messages over and over.” • May 5, 2025 7:14 PM Landlord: “Can I come Wednesday, I also wanna ask your rent for this month.” • June 2, 2025 at 5:55 PM Landlord: “Hello I wanna update your payment for May.”
[36] The Tenant stated that she paid rent for every month except for September 2025. The Tenant stated the following dates for paying the rent:
▪ April 2025 Paid $1,250.00 on April 6, 2025 to the Landlord at the Unit;
▪ May 2025 Paid $1,250.00 on May 1, 2025 at parking lot close to the Landlord’s residency;
▪ June 2025 Paid $1,250.00 on June 1, 2025 at a parking lot close to the Landlord’s residency;
▪ July 2025 Paid $1,250.00 on June 30, 2025 at a parking lot close to the Landlord’s residency; and ▪ August 2025 Paid $1,250.00 on August 1, 2025 at a parking lot close to the Landlord’s residency.
[37] The Tenant stated that the Landlord did not give her receipts.
[38] The Tenant’s witness provided evidence to support the Tenant’s evidence. Particularly, the Tenant’s witness stated that he was the Tenant’s transportation and witness to the Tenant meeting the Landlord to pay the rent in cash. The Tenant’s witness stated that he transported the Tenant on the dates above and witnessed a person in a black Ford Fusion collect the money from the Tenant.

[39] Despite the Landlord sending a text message on May 2, 2025 requesting rent, the Tenant stated that she did pay rent in cash on May 1, 2025. The Tenant stated that the Landlord must have had a misunderstanding or was confused because there was a lot of things happening during this time.
The Tenant stated that there were ongoing conversations about purchasing the Unit. The Tenant stated that when she received the text message on May 2, 2025 she called the Landlord.
[40] The Tenant submitted additional evidence, which included some of the same text messages the Landlord submitted in their additional evidence. The Tenant did not submit any phone records. The Tenant stated that she had an out of province phone number, and that it would take time to gather the phone records.
[41] Based on the evidence presented, I find that the Landlord has established, on a balance of probabilities, that the Tenant has not paid rent.
[42] The Tenant’s evidence and their witnesses’ testimony is that rent was paid in cash, either at the Unit or at a third-party location. The Tenant stated that the Landlord did not provide her with receipts so there would be no evidence to support the Tenant paying the rent.
[43] The Landlord’s evidence establishes that she text messaged the Tenant on May 2 and May 5, 2025 requesting May’s rent. This evidence and the Tenant’s evidence is conflicting and considered alone, does not establish the Landlord’s claim that rent was not paid.
[44] However, the Landlord also provided a screenshot of all incoming and outgoing calls. The Tenant’s evidence is that she contacted the Landlord prior to meeting the Landlord, to set up the time for the rent payment. Here, I find the evidence establishes that there was no call from the Tenant to the Landlord either on May 30 or June 1, 2025 to pay June’s rent, for example.
[45] I also do not accept the Tenant’s explanation why the Landlord text messaged her on May 2, 2025, asking for the rent, despite paying the rent in cash on May 1, 2025.
[46] Further, in the May 2, 2025 text message correspondence, the Tenant’s partner replies to the text message suggesting that the rent was not paid and that it would be paid when the Landlord’s bank information was provided.
[47] On the totality of the evidence, I find that the Landlord, on a balance of probabilities, established their claim that the Tenant did not pay rent for May 2025 and June 2025. Therefore, the Notice is valid.
[48] For these reasons, I find that the non-payment of rent reason contained in the Notice is valid. The Application for disputing the Notice is denied.
[49] Despite the finding that May and June’s rent have not been paid, I also find that the evidence establishes that the Tenant has not paid rent for April, May, June, July, August and September
2025.
Non-payment of the security deposit
[50] I find that there is insufficient evidence to determine whether or not the security deposit was paid.
[51] The Tenant’s evidence is that she paid the security deposit in cash on April 8, 2025.
[52] The Landlord’s evidence is that the Tenant did not pay the security deposit.
[53] Further, there is conflicting evidence from the parties regarding repairs done to the Unit. The Landlord stated that there was an agreement that if the Tenant’s family member completed some work, then the Landlord would consider April’s rent paid in lieu.

[54] The Landlord stated that is why she did not include April’s rent in the Notice.
[55] The Tenant stated that the agreement was not for April’s rent, but for the security deposit. The Tenant stated that despite the agreement, she still paid April’s rent and the security deposit in cash.
[56] There is insufficient evidence to establish whether or not the security deposit was paid in cash or in lieu of work. Therefore, the Landlord has not established this reason on the Notice.
Non-payment of the electricity bill
[57] I find that the Landlord has established that electricity was an excluded service.
[58] In the Landlord’s additional evidence, there is a March 7, 2025 text message which states:
“[Tenant], we might go down to $1250 per month + 1250 damage deposit but refundable at the end of the contract if there’s no damage. It’s a whole house, and a barn wood.
Electricity and wifi separate. Land mower, snow blower are included but diy. It has laundry and dryer attached to the house.”
[59] I accept the Landlord’s evidence that the electricity was an excluded service, but remained in the Landlord’s name. The Tenant was responsible to pay the electricity bill. The Landlord’s evidence included text messages from before the Tenant moved into the Unit, and text messages throughout the tenancy requesting that the Tenant pay the unpaid rent and unpaid electricity bills.
[60] Subsection 60(6) of the Act states:
A landlord may treat unpaid utility charges as unpaid rent and may give a notice of termination under this section where (a) a tenancy agreement requires the tenant to pay utility charges to the landlord; and (b) the utility charges are unpaid more than one month after the tenant is given a written demand for payment of them.
[61] Despite finding that the Tenant owes the Landlord unpaid utilities, I find that it is unnecessary for me to determine the validity of this reason in the Notice as the tenancy agreement is already terminated for non-payment of rent.
CONCLUSION
[62] The Notice is valid and the Application is denied, in part.
[63] The Tenant and all occupants must vacate the Unit by the timeline below.

IT IS THEREFORE ORDERED THAT
1. The tenancy between the parties will terminate effective 5:00 p.m. on September 23, 2025.
2. The Tenant and all occupants must vacate the Unit by this time and date.
3. A certified copy of this Order may be filed in the Supreme Court and enforced by Sheriff Services as permitted by the Act.
DATED at Charlottetown, Prince Edward Island, this 16th day of September, 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 7 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.