LD25-147

Landlord application · security deposit, rent arrears. Outcome: granted. I find that the Landlord has established a rent owing claim in the amount of $3,572.37. The Landlord will keep the Tenant’s security deposit, in the amount of $1,057.08. The Tenant will pay the Landlord the $2,515.29 balance by the timeline below.

Linked prior order: LD25-146

Order text

Order of The Director of Residential Tenancy
Docket 25-276 April 22, 2025
INTRODUCTION
[1] The Landlord seeks an order against the Tenant for rent owing in the amount of $3,617.00.
DISPOSITION
[2] I find that the Landlord has established a rent owing claim in the amount of $3,572.37. The Landlord will keep the Tenant’s security deposit, in the amount of $1,057.08. The Tenant will pay the Landlord the $2,515.29 balance by the timeline below.
BACKGROUND
[3] The Unit is a two-bedroom, one-bathroom apartment in an eight-unit building (the “Residential Property”).
[4] The Tenant and the former landlord of the Residential Property entered into a written, fixed-term tenancy agreement for the Unit for the period of April 1, 2021 to March 31, 2022. Around March 28, 2021 the Tenant paid a $1,000.00 security deposit.
[5] On July 28, 2021 the Landlord became the owner of the Residential Property and the tenancy continued.
[6] At the end of the fixed-term the tenancy agreement continued on a month-to-month basis. Rent of $1,339.00 is due on the first day of the month.
[7] On March 4, 2025 the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of March 23, 2025 (the “Notice”) for non-payment of rent. I note that the effective date is automatically corrected to March 24, 2025 under section 54 of the Residential Tenancy Act (or the “Act”) to comply with the minimum 20-day notice period under subsection 60(1).
[8] On April 7, 2025 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Residential Tenancy Office (the “Rental Office”) seeking vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is the subject of Order LD25-146. The Application also seeks rent owing, which is the subject of this decision.
[9] On April 11, 2025 the Rental Office mailed and emailed the parties notice of a teleconference hearing scheduled for April 22, 2025.
[10] On April 17, 2025 the Rental Office emailed the parties a 13-page evidence package (the “Evidence Package”).
[11] On April 22, 2025 the Landlord and the Landlord’s interpreter joined the teleconference hearing. I telephoned the Tenant and left a voicemail message with the teleconference information and the Rental Office’s telephone number. The Landlord confirmed that all documents he submitted to the Rental Office were included in the Evidence Package. The hearing was adjourned one hour and I emailed the parties the adjourned hearing time.
[12] The Landlord and the Landlord’s interpreter joined the adjourned teleconference hearing. I telephoned the Tenant but the Tenant did not respond. The hearing proceeded in the Tenant’s absence.
ISSUE
A. Does the Tenant owe rent to the Landlord?

ANALYSIS
[13] The Landlord’s evidence establishes that the Tenant did not pay part of November 2024 rent ($939.00), March 2025 rent ($1,339.00) or April 2025 rent ($1,339.00), in the total amount of $3,617.00.
[14] In Order LD25-146 the Tenant is required to vacate the Unit by 5:00 p.m. on April 29, 2025.
Therefore, the Landlord can only claim April rent up to April 29, 2025, in the amount of $1,294.37 (29 days divided by 30 days multiplied by $1,339.00). Therefore, the Tenant owes a total rent amount of $3,572.37.
[15] The Landlord will keep the Tenant’s entire security deposit, including interest, in the total amount of $1,057.08.
[16] The Tenant will pay the Landlord the $2,515.29 balance ($3,572.37 minus $1,057.08) by the timeline below.
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenant’s security deposit, including interest, in the amount of $1,057.08.
2. The Tenant will pay the Landlord the amount of $2,515.29 by May 22, 2025.
DATED at Charlottetown, Prince Edward Island, this 22nd day of April, 2025.
(sgd.) Andrew Cudmore Andrew Cudmore 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.