LD26-228

Landlord application · security deposit, compensation, rent arrears. Outcome: granted. I find that the Landlord has established a total compensation claim in the amount of $6,469.97. [14] After deducting the security deposit, including interest, in the amount of $2,060.51, the balance payable by the Tenants is $4,409.64. Order of The Director of Residential Tenancy

Order text

Order of The Director of Residential Tenancy
Docket 26-319 July 13, 2026
INTRODUCTION
[1] This decision determines an application filed with the Residential Tenancy Office (the “Rental Office”) under the Residential Tenancy Act (the “Act”).
[2] The Landlord seeks an order against the Tenants to keep the security deposit and additional compensation for rent owing, electricity charges, cleaning and repairs, in the total amount of $6,469.97.
BACKGROUND
[3] The Unit is a three-bedroom, two-bathroom unit in a two-unit building that the Landlord has managed since July of 2023.
[4] The Landlord and the Tenants were parties to a written, fixed-term tenancy agreement from May 1, 2025 to April 30, 2026 (the “Tenancy Agreement”). A security deposit of $1,995.00 was paid on April 10, 2025. Rent in the amount of $1,995.00 was due on the first day of the month.
[5] On March 5, 2026 at 7:25 p.m. the Landlord electronically served the Tenants with a Form 4(A) Eviction Notice (the “Notice”) with an effective date of March 25, 2026 for non-payment of rent, in the amount of $2,020.00. The Notice is considered served on March 6, 2026 under subsection 100(5) of the Act because it was sent electronically after 5:00 p.m. The effective date is automatically corrected to March 26, 2026 under section 54 of the Act.
[6] On March 25, 2026 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute with the Rental Office seeking rent owing and an eviction order.
[7] On April 12, 2026 the Tenants vacated the Unit.
[8] On April 22, 2026 the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Rental Office seeking to keep the Tenants’ security deposit and additional compensation, replacing the earlier application.
[9] On June 5, 2026 the Rental Office sent the parties notice of a tele-hearing scheduled for July 9,
2026.
[10] On June 24, 2026 the Rental Office sent the parties a 68-page PDF evidence package.
[11] On July 9, 2026 I rescheduled the hearing to July 13, 2026 to provide the Tenants with additional time to review the evidence package. The Rental Office sent the parties notice of a rescheduled tele-hearing.
[12] On July 13, 2026 the Landlord’s representative (the “Landlord Representative”) and the Tenants’ representative (the “Tenant”) joined the tele-hearing for determination of the Application. The Tenant is the parent of the other two Tenants. The Tenant stated that all three Tenants are tenants of the Landlord. The parties confirmed that they received the evidence package and they were not aware of anything missing that had previously been submitted to the Rental Office.
DISPOSITION
[13] I find that the Landlord has established a total compensation claim in the amount of $6,469.97.
[14] After deducting the security deposit, including interest, in the amount of $2,060.51, the balance payable by the Tenants is $4,409.64.

ISSUE
A. Must the Tenants compensate the Landlord for rent owing, electricity charges, repairs and cleaning?
ANALYSIS
[15] At the hearing the Tenant admitted that the Tenants are responsible for the Landlord’s claims, in the total amount of $6,469.97, calculated as follows:
[16] The Landlord will keep the Tenants’ security deposit, including interest, in the amount of $2,060.51.
The Tenants must pay the Landlord additional compensation of $4,409.46 by the timeline below.
[17] I note that the Landlord and the Tenants may decide to contact one another directly to try and work out a payment arrangement for the additional compensation ordered below.
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the Tenants’ security deposit, including interest, in the amount of $2,060.51.
2. The Tenants must pay the Landlord additional compensation in the amount of $4,409.46 by August 13, 2026.
DATED at Charlottetown, Prince Edward Island, this 13th day of July, 2026.
(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.
Item Amount Rent owing and NSF fees $4,935.00 Electricity charges $47.39 Repairs $1,013.20 Cleaning $474.38 Total: $6,469.97