LD26-138

Landlord application · security deposit, rent arrears. Outcome: granted. The Tenant must pay the Landlords $3,387.10 by the timeline below.

Linked prior order: LD26-139

Order text

Order of The Director of Residential Tenancy
Docket 26-156 May 01, 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 Landlords seek an order requiring the Tenant to pay rent owing.
DISPOSITION
[3] The Tenant must pay the Landlords $3,387.10 by the timeline below.
BACKGROUND
[4] The Unit is one half of a duplex (the “Residential Property”) owned by the Landlords.
[5] The Tenant and the Landlords entered into a written fixed-term tenancy agreement for the Unit effective from December 1, 2024, to December 1, 2025. The tenancy agreement then continued as a month-to-month tenancy. Rent is $1,500.00 monthly, due on the first day of the month. A $1,500.00 security deposit was paid at the beginning of the tenancy.
[6] On February 20, 2026, the Landlords served the Tenant with a first Form 4(A) Eviction Notice with an effective date of March 22, 2026 (the “First Notice”) for behaviour issues. The First Notice was served by posting a copy on the Unit’s door.
[7] The earliest vacate date for the First Notice is March 31, 2026, due to the minimum notice period required under subsection 61(3) of the Act. The First Notice’s vacate date is corrected to March 31, 2026, by operation of law, under section 54.
[8] On March 11, 2026, the Landlords served the Tenant with a second Form 4(A) Eviction Notice with an effective date of March 31, 2026 (the “Second Notice”) for failing to pay rent of $1,500.00. The Second Notice was served by posting a copy on the Unit’s door.
[9] On March 11, 2026, the Landlords served the Tenant with a third Form 4(A) Eviction Notice (the “Third Notice”), effective April 30, 2026, for repeated late rent payments. The Third Notice was served by posting a copy on the Unit’s door.
[10] On April 7, 2026, the Landlords emailed the Rental Office an amended Form 2(B) Landlord Application to Determine Dispute seeking rent owing (the “Application”). The Application was served on the Tenant by posting a copy on the Unit’s door.
[11] The Landlords are also seeking vacant possession of the Unit, which is determined in Order LD26-139.
[12] On April 10, 2026, the Rental Office emailed the parties notice of a teleconference hearing scheduled for April 23, 2026.
[13] On April 16, 2026, the Rental Office emailed the parties a 67-page PDF evidence package.
[14] On April 22, 2026, at the Tenant’s request, the Rental Office rescheduled the teleconference hearing to April 24, 2026.
[15] On April 24, 2026, one of the Landlords (the “Landlord”), representing both Landlords, the Landlords’ representative (the “Representative”), and the Tenant called into the teleconference hearing. The Tenant stated that she was unable to open the evidence package for review. The Representative stated he would serve the Tenant a paper copy of the evidence package. The parties were notified that the hearing would be adjourned.

[16] On April 24, 2026, the Rental Office emailed the parties notice of a second rescheduled teleconference hearing for April 27, 2026.
[17] On April 27, 2026, the Landlord, the Representative, and the Tenant participated in a teleconference hearing. The parties confirmed receipt of the evidence package and confirmed that it contained all submitted evidence.
[18] On April 28, 2026, the Tenant submitted additional evidence to the Rental Office.
[19] On April 29, 2026, the Tenant’s additional evidence was forwarded to the Landlords, with a response deadline of April 30, 2026. The Landlords did not submit any response to the Tenant’s additional evidence.
ISSUE
A. Does the Tenant owe the Landlords rent?
ANALYSIS
[20] The onus is on the Landlords, as the parties asserting their claims against the Tenant, to provide clear evidence to establish their claims on a balance of probabilities.
[21] The Landlord stated that the Tenant did not pay rent for March 2026 or April 2026, for a total of $3,000.00.
[22] The Tenant acknowledged that she had not paid rent for March 2026 or April 2026 due to financial difficulties.
[23] Based on the parties’ testimony and documentary evidence, I find that the Landlords have established that the Tenant failed to pay rent for March 2026 and April 2026, totalling $3,000.00.
[24] I determined in Order LD26-139 that the tenancy agreement is terminated effective 5:00 p.m. on May 8, 2026. Therefore, the Tenant must pay the Landlords prorated rent for May 1 to May 8, 2026, in the amount of $387.10 (8 days divided by 31 days multiplied by $1,500.00).
CONCLUSION
[25] The Application is allowed.
[26] The Tenant must pay the Landlords the rent owing in the amount of $3,387.10 ($3,000.00 + $387.10) by the timeline below.
[27] In the event the outstanding rent remains unpaid by the Tenant by May 8, 2026, the Landlords may, at their option, retain the security deposit to offset the amount of rent owing by the Tenant.

IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlords $3,387.10 by June 1, 2026.
2. In the event the outstanding rent remains unpaid by the Tenant by May 8, 2026, the Landlords may, at their option, retain the security deposit to offset the amount of rent owing by the Tenant.
DATED at Charlottetown, Prince Edward Island, this 1st day of May, 2026.
(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.