LD26-219

Landlord application · security deposit, compensation, rent arrears. Outcome: granted. The Tenant must pay the Landlord $4,884.52 by the timeline below. [5] The Tenant Application is denied.

Linked prior order: LD26-220

Order text

Order of The Director of Residential Tenancy
Dockets 26-329, 26-330, 26-356 & 26-357 July 03, 2026
INTRODUCTION
[1] This decision addresses two applications 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 to pay the rent owing and to keep the security deposit.
[3] The Tenant seeks a copy of the tenancy agreement, compensation, and a determination that the Landlord breached the Tenant’s right to quiet enjoyment.
DISPOSITION
[4] The Tenant must pay the Landlord $4,884.52 by the timeline below.
[5] The Tenant Application is denied.
BACKGROUND
[6] The Unit is an apartment in a triplex (the “Residential Property”).
[7] On February 7, 2026, the parties entered into an oral monthly tenancy agreement for the Unit. Rent is $1,130.00 per month, due on the first of the month. A security deposit of $1,130.00 was paid on February 23, 2026.
[8] On March 4, 2026, the Landlord served the Tenant with a Form 4(A) Eviction Notice with an effective date of March 31, 2026 (the “Notice”) for failure to pay rent of $1,130.00. The Notice was served by posting a copy to the Unit’s door.
[9] On April 16, 2026, the Tenant filed a Form 2(A) Tenant Application to Determine Dispute (the “Tenant Application”), seeking a copy of the tenancy agreement, compensation, and a determination that the Landlord breached the Tenant’s right to quiet enjoyment. The Tenant served the Tenant Application electronically.
[10] On April 21, 2026, the parties entered into a written fixed-term tenancy agreement for the period of April 21, 2026, to May 31, 2026. The tenancy agreement then continued on a monthly basis.
[11] On May 26, 2026, the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Landlord Application”) seeking the rent owing and to keep the security deposit. The Landlord Application was served electronically.
[12] The Landlord is also seeking vacant possession of the Unit, which is determined in Order LD26-220.
[13] On June 5, 2026, the Rental Office emailed the parties notice of a tele-hearing scheduled for June 30, 2026.
[14] On June 19, 2026, the Rental Office emailed the parties an updated notice of a tele-hearing scheduled for June 30, 2026.
[15] On June 24, 2026, the Rental Office emailed the parties a 105-page PDF evidence package.
[16] On June 30, 2026, the Landlord called into the tele-hearing. I telephoned the Tenant and left a voicemail, but the Tenant did not call into the tele-hearing. I advised the Landlord that the hearing would be rescheduled to allow the Tenant an opportunity to participate.

[17] On June 30, 2026, the Rental Office emailed the parties notice of a rescheduled tele-hearing for July 3, 2026.
[18] On July 3, 2026, the Landlord called into the tele-hearing. I telephoned the Tenant and emailed him a copy of the tele-hearing notice, but the Tenant did not call in to the tele-hearing. The hearing proceeded ten minutes after the scheduled time. The Landlord confirmed receipt of the evidence package and stated that all evidence he submitted was included. The Tenant submitted no evidence.
ISSUES
A. Does the Tenant owe the Landlord rent and can the Landlord keep the security deposit?
B. Must the Landlord provide the Tenant a copy of the tenancy agreement, must the Landlord compensate the Tenant, and has the Landlord breached the Tenant’s right to quiet enjoyment?
ANALYSIS & FINDINGS
[19] The onus is on the Landlord, as the party asserting his claims against the Tenant, to provide clear evidence to establish those claims on a balance of probabilities in relation to the rent owing and the security deposit.
[20] Based on the Landlord’s undisputed testimony and documentary evidence, I find that the Landlord has established that the Tenant owes the Landlord $4,520.00 in outstanding rent, calculated as follows: March 2026 ($1,130.00) + April 2026 ($1,130.00) + May 2026 ($1,130.00) + June 2026 ($1,130.00).
[21] In Order LD26-220, I found that the tenancy ends on July 10, 2026, for non-payment of rent. The Tenant will also pay the Landlord prorated rent of $364.52 for 10 days in July 2026 (10/31 x $1,130.00).
[22] The Tenant shall pay the Landlord $4,884.52 by the timeline below.
[23] In the event the outstanding rent remains unpaid by the Tenant by July 10, 2026, the Landlord may, at his option, retain the security deposit to offset part of the rent owing by the Tenant.
[24] The Landlord Application is allowed.
[25] The Tenant provided no evidence in support of the Tenant Application. The Tenant Application is denied.

IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord $4,884.52 by September 3, 2026.
2. In the event the outstanding rent remains unpaid by the Tenant by July 10, 2026, the Landlord may, at his option, retain the security deposit to offset part of the rent owing by the Tenant.
3. The Tenant Application is denied.
DATED at Charlottetown, Prince Edward Island, this 3rd day of July, 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.