LD25-413

Landlord application · security deposit, compensation, rent arrears. Outcome: granted. The Landlord has established part of their claims, in the amount of $4,821.16. [4] The Landlord will keep the Tenants’ security deposit, including interest, in the amount of $1,854.10. The Tenants must pay the Landlord additional compensation in the amount of $2,967.06 by the tim

Linked prior order: LR25-12

Order text

Order of The Director of Residential Tenancy
Dockets 25-515 & 25-516 November 28, 2025
INTRODUCTION
[1] This decision determines an application filed by the Landlord with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act cap. R-13.11 (the “Act”).
[2] The Landlord wants to keep the Tenants’ security deposit plus additional compensation for rent owing, painting, missing items, cleaning and repairs, in the total amount of $6,956.39.
DISPOSITION
[3] The Landlord has established part of their claims, in the amount of $4,821.16.
[4] The Landlord will keep the Tenants’ security deposit, including interest, in the amount of $1,854.10.
The Tenants must pay the Landlord additional compensation in the amount of $2,967.06 by the timeline below.
BACKGROUND
[5] The Unit is a two-bedroom, two-bathroom condominium in a four-unit building (the “Residential Property”). The Landlord hired the property management company (the “Representative”) in 2024.
[6] On September 4, 2024 the parties signed a written, fixed-term tenancy agreement for the period of October 1, 2024 to May 31, 2025. A security deposit of $1,800.00 was paid. Rent in the amount of $1,800.00 was due on the first day of the month and included a fully furnished Unit.
[7] On May 2, 2025 the Representative served the Tenants with a Form 4(A) Eviction Notice effective May 12, 2025 under clause 60(1) of the Act for non-payment of rent (the “Notice”). The correct effective date was May 22, 2025, which is automatically changed under section 54 of the Act to comply with the minimum notice period in subsection 60(1).
[8] On May 22, 2025 the tenancy ended due to the Notice, however, the overholding Tenants vacated the Unit on June 1, 2025.
[9] On June 16, 2025 the Representative filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Rental Office.
[10] On September 17, 2025 the Rental Office emailed the parties notice of a telephone hearing scheduled for October 30, 2025. The Rental Office mailed a copy to the Landlord and telephoned the Tenants leaving a voicemail message with the telephone hearing details.
[11] On October 17, 2025 the Application was amended. A copy was emailed to the Tenants.
[12] On October 19, 2025 the Tenants emailed the Rental Office stating an intention to submit evidence.
[13] On October 22, 2025 the Rental Office emailed the parties a TitanFile link to a sixty-eight-page PDF and three-recording evidence package. The Tenants did not submit any evidence and their October 19, 2025 email was included as Director’s evidence.
[14] On October 30, 2025 the Representative and the Landlord’s witnesses joined the telephone hearing for determination of the Application. I telephoned the Tenants and left a voicemail message with the telephone hearing details. The hearing proceeded ten minutes after the scheduled time. The Representative confirmed that all evidence submitted to the Rental Office was included.

ISSUE
A. Has the Landlord established claims against the Tenants for rent owing, painting, missing items, cleaning and repairs?
ANALYSIS
Legal Basis
[15] The Landlord bears the onus of proving its claims against the Tenants on a balance of probabilities.
This means that there must be sufficiently clear, convincing and cogent evidence to find that the claims are more likely correct than not.
[16] The Landlord seeks compensation against the Tenants, in the total amount of $6,956.39. The individual claims are as follows:
Item Amount April 2025 & May 2025 rent $2,700.00 Painting $750.00 Replaced missing items $620.92 Cleaning $575.00 Repairs $2,310.47 Total 6,956.39
[17] Clause 39(2)(a) of the Act outlines a tenant’s obligations at the end of a tenancy, stating:
When a tenant vacates a rental unit, the tenant shall (a) leave the rental unit reasonably clean and undamaged, except for reasonable wear and tear.
[18] For the reasons below, I find that the Landlord has established valid claims against the Tenants for a total amount of $4,821.16.
Evidence & Determination April 2025 & May 2025 rent
[19] The Landlord’s undisputed evidence establishes that the Tenants owe rent for April 2025 and May 2025, in the amount of $2,700.00 ($900.00 + $1,800.00).
[20] The Representative stated that the Tenants paid $900.00 in April 2025. This left a $900.00 balance for April 2025 rent. The Representative stated that the Tenants did not pay May 2025’s rent in the amount of $1,800.00. This claim is allowed.
Painting
[21] The Landlord is seeking $750.00 for painting.
[22] The Representative stated that the $750.00 was a quote because the Unit was not painted as of the date of the hearing. The Representative and the Landlord’s witnesses stated that the walls had a strong smell of smoke and dog.

[23] Despite the undisputed testimony provided, I find that the evidence does not support this claim.
The photographic and video evidence does not establish any damage, marks or visible alterations to the Unit’s walls. I find that the costs associated with washing the walls will reflect in the cleaning and repair costs; however, I find that the quoted price of painting the Unit is not established. This claim is denied.
Replaced Missing Items
[24] The Landlord is seeking $620.92 for replacing missing items in the Unit.
[25] The Representative stated that the Unit was furnished. However, when the Tenants vacated the Unit many bedding items were missing. The Representative stated that the Tenants stated in a June 7, 2025 text message that they mistakenly had a box of items from the Unit (EP65). The Landlord submitted into evidence two invoices for $482.94 and $137.98 (EP50 & 51).
[26] I find that the evidence supports this claim in the total amount of $620.92.
Cleaning
[27] The Landlord is seeking $575.00 for cleaning.
[28] The Representative stated that the Tenants vacated the Unit, leaving it very dirty. The Representative and the Landlord’s witnesses stated that there was a lot of dirt and dog hair on the furniture. The walls needed to be washed and the floors were steam cleaned. It required three cleaners over thirteen hours. The Representative stated that it would generally take six to eight hours to clean a rental unit.
[29] I find that the undisputed evidence establishes that the Unit was left in a condition below reasonably clean. I find that the evidence, including the invoice suggest the Unit was professionally cleaned and brought to a standard required for its short-term rental accommodations. However, I find that the Act only requires the Tenants to leave the Unit in a reasonably clean condition. Therefore, I find that the claim is allowed in part, in the amount of $345.00 (60% of the claim). Based on the photographic and video evidence submitted, I find that this amount reflects an appropriate cost to bring the Unit to a reasonably clean condition.
Repairs
[30] The Landlord is seeking $2,310.47 for repairs.
[31] The Representative stated that numerous repairs were required in the Unit, including rescreening a patio door, windows and fixing baseboards. The Representative stated that facets, toilet seats, and other items needed to be replaced because they were damaged beyond reasonable wear and tear or missing from the Unit.
[32] I find that the undisputed evidence establishes that the Tenants vacated the Unit in a damaged condition beyond reasonable wear and tear. However, I find that based on the evidence, particularly, the description stated on the invoice (EP49), the photographs and the videos, I find that the claim is allowed in part, in the amount of $1,155.24 (50% of the total claim).
[33] The amount awarded takes into consideration the betterment principle and reduces the total claim based on the Unit being repaired and resupplied for its short-term rental accommodations.
Security Deposit
[34] The Tenants agreed that the Landlord could keep the security deposit (EP36). Therefore, the Landlord is exempted from the 15-day filing requirement (see clause 40(3)(a) of the Act).

[35] The Application is allowed in part. The Landlord has established valid claims against the Tenants, in the total amount of $4,821.16.
[36] The Landlord will keep the Tenants’ security deposit, including interest, in the amount of $1,854.10.
[37] The Tenants must pay the Landlord the balance owing of $2,967.06 by the timeline below, calculated as follows:
Item Amount April 2025 & May 2025 rent $2,700.00 Replaced missing items $620.92 Cleaning $345.00 Repairs $1,155.24 Less security deposit + interest (4 SEP 24 – 28 NOV 25) ($1,854.10) Total $2,967.06 Pre-Tenancy & Post-Tenancy Inspection Reports
[38] I note that the Landlord did not complete a pre-tenancy and a post-tenancy inspection report.
Sections 18 and 38 of the Act requires a landlord and tenant to inspect the condition of a rental unit at the beginning and at the end of a tenancy. The parties are to complete and sign a Form 5 – Landlord Condition Inspection Report (available on the Rental Office’s website).
[39] In Order LR25-12, the Island Regulatory and Appeals Commission commented on the benefit of such inspection reports and stated (paragraph 34):
“These requirements are in place to protect both landlords and tenants and to provide the Rental Office and the Commission with the best possible evidence of the condition of a rental unit at the start and at the end of the tenancy. A deterioration in the condition of the unit during the tenancy will then be more clearly apparent.”
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenants’ security deposit, including interest, in the amount of $1,854.10.
2. The Tenants will pay the Landlord the amount of $2,967.06 by January 30, 2026.
DATED at Charlottetown, Prince Edward Island, this 28th day of November, 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.