LD25-412

Landlord application · security deposit, compensation, rent arrears. Outcome: granted. I find that the Landlord has established rent owing and compensation claims totalling $2,555.00. [4] The Landlord will keep the security deposit, including interest, totalling $2,047.05. [5] The Tenants will pay the Landlord the balance of $507.95 by the timeline below.

Order text

Order of The Director of Residential Tenancy
Docket 25-654 November 26, 2025
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 to keep the security deposit plus additional compensation for rent owing, cleaning, and garbage disposal for a total claim of $2,555.00.
DISPOSITION
[3] I find that the Landlord has established rent owing and compensation claims totalling $2,555.00.
[4] The Landlord will keep the security deposit, including interest, totalling $2,047.05.
[5] The Tenants will pay the Landlord the balance of $507.95 by the timeline below.
BACKGROUND
[6] The Unit is a house owned by the Landlord.
[7] On December 12, 2024, the parties entered into a written fixed-term tenancy agreement for the Unit, from January 1, 2025, to December 31, 2025. The Tenants moved into the Unit early on December 17, 2024. Rent of $2,000.00 was due on the first day of the month, and a security deposit of $2,000.00 was paid in full by December 17, 2024.
[8] On July 3, 2025, the Landlord served the Tenants with a Form 4(A) Eviction Notice, effective July 4, 2025 (the “Notice”), for non-payment of rent and repeatedly late rent payments.
[9] Regarding the non-payment of rent, the earliest vacate date for the Notice is July 23, 2025, because of the minimum notice period required by subsection 60(1) of the Act. For this reason, the Notice’s vacate date is automatically corrected to July 23, 2025, under section 54.
[10] Regarding the repeatedly late rent payments, the earliest vacate date for the Notice is August 31, 2025, because of the minimum notice period required by subsection 61(3) of the Act. For this reason, the Notice’s vacate date is automatically corrected to August 31, 2025, under section 54.
[11] On July 29, 2025, the Tenants moved out of the Unit, and the tenancy ended.
[12] On August 13, 2025, the Landlord filed an amended Form 2(B) Landlord Application to Determine Dispute with the Rental Office seeking to keep the security deposit and additional compensation (the “Application”).
[13] On October 8, 2025, the Rental Office sent the parties notice of a teleconference hearing scheduled for November 18, 2025.
[14] On November 7, 2025, the Rental Office sent the parties a 48-page evidence package.
[15] On November 18, 2025, the Landlord, the Landlord’s witness, and the Landlord’s translator participated in a teleconference hearing. I telephoned the Tenants and left a voicemail message.
The hearing proceeded in the Tenants’ absence about ten minutes after the scheduled time.
[16] The Landlord confirmed that all the evidence submitted to the Rental Office was included in the evidence package. The Tenants submitted no documents.
[17] After the hearing, the Landlord submitted additional evidence, which was shared with the Tenants and added to the record. The Tenants did not respond to the additional evidence.

ISSUE
A. Has the Landlord established claims against the Tenants for rent owing, cleaning, and garbage disposal?
ANALYSIS
[18] The Landlord stated that he is seeking rent owing for April 2025 in the amount of $55.00. He stated he is seeking rent owing for the period from July 1 to July 29, 2025, in the amount of $1,870.00.
He stated he is also seeking $630.00 in compensation for cleaning and garbage disposal.
[19] The Landlord stated on July 3, 2025, the Landlord served the Tenants with the Notice for failing to pay rent for July 2025. The Landlord suggested to the Tenants that they should vacate the Unit by August 1, 2025. The Tenants did not confirm when they were moving out, but they messaged the Landlord in July that they were cleaning the Unit.
[20] The Landlord stated that on July 29, 2025, the Tenants confirmed that they had finished cleaning and had left the keys at the Unit for the Landlord. The Tenants told the Landlord that everything left in the Unit was “garbage.”
[21] The Landlord stated that he was seeking $400.00 in compensation for cleaning the Unit. He stated he hired a cleaner, who took 16 hours at $25.00 per hour to clean the Unit and store the Tenants’ items in the Landlord’s shed.
[22] The Landlord stated that he is seeking $230.00 in compensation for labour for garbage disposal, as he had to hire a company to dispose of the items the Tenant left in the Unit.
[23] The Landlord submitted the Tenants’ rental ledger, e-Transfer notices, invoices, photographs of the Unit, and messages between the parties as evidence.
Rent
[24] I find that the Landlord has provided sufficient evidence to establish that the Tenants failed to pay the $55.00 balance for April 2025’s rent.
[25] The evidence establishes that the Tenants moved out of the Unit on July 29, 2025, and the tenancy ended on that date. I find that the Landlord has provided sufficient evidence to establish that the Tenants failed to pay rent from July 1 to July 29, 2025, in the amount of $1,870.00 (29 days / 31 days x $2,000.00).
Cleaning and Garbage Disposal
[26] Clause 39(2)(a) of the Act states:
When a tenant vacates a rental unit, the tenant shall leave the rental unit reasonably clean and undamaged, except for reasonable wear and tear.
[27] I find that the Landlord has provided sufficient evidence, specifically the Landlord’s submitted photographs, to establish that the Tenants left the Unit below the standard of reasonably clean when they moved out of the Unit.
[28] I find the Landlord has established the $400.00 cleaning claim and the $230.00 garbage disposal claim, totalling $630.00.

CONCLUSION
[29] The Landlord’s total established rent owing and compensation claim is $2,555.00.
[30] The Landlord will keep the security deposit plus interest of $2,047.05.
[31] The Tenants will pay the Landlord the balance of $507.95 as follows:
Item Amount Rent owing for April 2025 $55.00 Rent owing for July 2025 $1,870.00 Cleaning $400.00 Garbage Disposal $230.00 Security Deposit ($2,000.00) Interest (Dec. 17/24 – Nov. 26/25) ($47.05) Total $507.95
IT IS THEREFORE ORDERED THAT
1. The Landlord will keep the security deposit, including interest, totalling $2,047.05.
2. The Tenants will pay the Landlord $507.95 by January 2, 2026.
DATED at Charlottetown, Prince Edward Island, this 26th day of November, 2025.
(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.