LD26-149

Landlord application · eviction, subletting. Outcome: granted. The parties settled the Application and agreed that the tenancy will terminate in accordance with the timeline below.

Order text

Order of The Director of Residential Tenancy
Docket 26-191 May 12, 2026
INTRODUCTION
[1] This decision addresses an application filed with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Landlord seeks an order requiring the Tenant and all occupants to vacate the Unit due to behaviour issues and for subletting the Unit without the Landlord’s consent.
[3] The Tenant disputes the Landlord’s eviction notice.
DISPOSITION
[4] The parties settled the Application and agreed that the tenancy will terminate in accordance with the timeline below.
BACKGROUND
[5] The Unit is an apartment in an eight-unit building (the “Residential Property”) owned by the Landlord.
[6] The Tenant and the Landlord entered into a written monthly tenancy agreement for the Unit, beginning November 1, 2024. Rent is $1,400.00 monthly, due on the first day of the month. A $600.00 security deposit was paid at the beginning of the tenancy.
[7] On March 17, 2026, the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of April 17, 2026 (the “Notice”) due to behaviour issues and for subletting the Unit without the Landlord’s consent. The Notice was served by posting a copy on the Unit’s door.
[8] The earliest vacate date for the Notice is April 30, 2026, due to the minimum notice period required under subsection 61(3) of the Act. The Notice’s vacate date is corrected to April 30, 2026, by operation of law, under section 54.
[9] On March 27, 2026, the Tenant filed with the Rental Office a Form 2(A) Tenant Application to Determine Dispute disputing the Notice (the “Application”). The Application was served on the Landlord by email on March 27, 2026.
[10] On April 24, 2026, the Rental Office emailed the parties notice of a teleconference hearing scheduled for May 12, 2026.
[11] On May 5, 2026, the Rental Office emailed the parties four videos and a 67-page PDF (the “Evidence Package”).
[12] On May 12, 2026, the Tenant’s representative (the “Representative”), the Landlord, and the Landlord’s witness called into the teleconference hearing. The parties settled the Application and agreed that the tenancy will terminate in accordance with the timeline below.
ISSUE
A. Must the Tenant and all occupants vacate the Unit?

SETTLEMENT
[13] At the teleconference hearing, the parties settled the Application on the following terms:
a. The tenancy between the parties will terminate effective June 1, 2026, at 5:00 p.m.
b. The Tenant and all occupants must vacate the Unit by this date and time.
c. The parties agreed that this Order may be enforced by Sheriff Services as permitted by the Act.
IT IS THEREFORE ORDERED THAT
1. The tenancy between the parties will terminate effective June 1, 2026, at 5:00 p.m.
2. The Tenant and all occupants must vacate the Unit by this date and time.
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 12th day of May, 2026.
(sgd.) Mitch King Mitch King Residential Tenancy Officer
NOTICE
Right to Appeal
The parties may seek to appeal this Order 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.