LD26-043

Landlord application · rent arrears. Outcome: granted. The Landlord has established a claim for rent owing against the Tenant in the amount of $3,885.50.

Linked prior order: LD26-044

Order text

Order of The Director of Residential Tenancy
Docket 25-1074 February 02, 2026
INTODUCTION
[1] This decision determines an application filed with the Residential Tenancy Office (“Rental Office”) under the Residential Tenancy Act (“Act”).
[2] The Landlord seeks rent owing in the amount of $3,885.50 from the Tenant.
DISPOSITION
[3] The Landlord has established a claim for rent owing against the Tenant in the amount of $3,885.50.
BACKGROUND
[4] The Unit is a single-family house owned by the Landlord.
[5] The parties signed a written, fixed-term tenancy agreement for the Unit, commencing on December 1, 2020, and ending on November 30, 2021. The tenancy then continued on a monthly basis. Rent in the amount of $1,673.75 is due on the first day of the month. A $1,625.00 security deposit was paid at the beginning of the tenancy.
[6] On December 2, 2025, the Landlord’s representatives (the “Landlord Representatives”) served the Tenant with a Form 4(A) Eviction Notice effective December 27, 2025, for failing to pay rent in the amount of $1,673.75 for December 2025 (the “Notice”). The Tenant stated at the hearing that she received the Notice on December 2, 2025.
[7] On December 23, 2025, the Landlord filed a Form 2(B) Landlord Application to Determine Dispute (the “Application”) with the Rental Office seeking vacant possession of the Unit and for the Sheriff to put the Landlord in possession, which is determined in Order LD26-044. The Tenant stated at the hearing that she received the Application on December 23, 2025.
[8] The Landlord also seeks an Order for rent owing, which is determined in this Order.
[9] On January 6, 2026, the Rental Office emailed the parties notice of a teleconference hearing scheduled for January 27, 2026.
[10] On January 23, 2026, the Rental Office emailed the parties a 35-page PDF evidence package.
[11] On January 27, 2026, the hearing was postponed due to a weather-related closure of the Rental Office. The Rental Office sent the parties notice of a rescheduled teleconference hearing for January 29, 2026.
[12] On January 29, 2026, the Landlord Representatives and the Tenant participated in a teleconference hearing. The parties confirmed receipt of the evidence package, and the Landlord Representatives confirmed that all evidence submitted to the Rental Office was included. The Tenant did not submit any documents or evidence to the Rental Office.
ISSUE
A. Does the Tenant owe the Landlord rent?

ANALYSIS AND CONCLUSION
[13] The Landlord Representatives stated that the Tenant has not paid rent for December 2025 ($1,673.75) or for January 2026 ($1,673.75), totalling $3,347.50.
[14] The Tenant agreed that she owed rent for December 2025 and January 2026, and that she had been experiencing financial difficulties.
[15] I find that the Landlord Representatives have established that the Tenant owes rent for December 2025 ($1,673.75) and for January 2026 ($1,673.75), totalling $3,347.50.
[16] As the tenancy is terminated effective February 9, 2026, in Order LD26-044, I find that the Tenant owes the Landlord rent for 9 days in February 2026, of $538.00 (9 days / 28 days x $1,673.75).
[17] I find that the Tenant owes the Landlord $3,885.50 in outstanding rent ($3,347.50 + $538.00).
[18] I note that subsection 40(2) of the Act authorizes a landlord to keep from a security deposit an amount that the Rental Office has ordered a tenant to pay to the landlord and that remains unpaid at the end of the tenancy.
[19] The Application is allowed.
IT IS THEREFORE ORDERED THAT
1. The Tenant must pay the Landlord the amount of $3,885.50 by March 2, 2026.
DATED at Charlottetown, Prince Edward Island, this 2nd day of February, 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.