Bad-Faith N12 Evictions: Tenant Guidance in PEI

If you’re a tenant in Prince Edward Island and have received an eviction notice because your landlord claims they or their family will move in, it’s important to know your rights. Sometimes, landlords use these grounds in bad faith, misusing rules meant for genuine owner move-ins. This article explains what “bad-faith” N12-style evictions mean in PEI, steps you can take, and where to get support.

Understanding “Bad-Faith” Owner Move-In Evictions in Prince Edward Island

Landlords in PEI can only end your tenancy early in limited, legally defined situations. One common reason is for “personal use” – meaning the landlord or their immediate family plans to occupy the unit. Under the Prince Edward Island Residential Tenancy Act^[1], landlords must genuinely intend to move in and live in the unit as their primary residence.

Bad-faith evictions happen when a landlord issues an eviction notice for personal use without real intent to move in, such as planning to re-rent at a higher rent or simply forcing you out. This practice undermines tenant protections and is not permitted by law.

Which Notice Is Used for Personal Use Evictions?

In PEI, the landlord provides a “Form 4 – Notice of Termination by Landlord” for personal use evictions. They must state the specific reason and meet the notice periods set out under the law.

• Form Name: Form 4 – Notice of Termination by Landlord
• When/How Used: The landlord must give at least two months’ written notice, stating the intention for the landlord, their spouse, or child to move into the unit. View/download Form 4 from the PEI government.

If you believe the landlord does not genuinely intend to move in, you have several options to challenge the eviction.

How to Recognize a Bad-Faith Owner Move-In Eviction

Look out for warning signs that an eviction is not for genuine personal use:

• The landlord has a history of similar evictions for “personal use.”
• You see your unit advertised for rent after you move out.
• The landlord quickly re-rents or renovates the unit instead of moving in.
• The move-in date keeps changing, or there’s no evidence of occupancy.

What to Do if You Suspect Bad Faith: Steps for Tenants

Here’s what you can do to protect your rights and challenge a bad-faith eviction in PEI:

• Do not leave immediately. You may remain until the official notice period ends, and you can challenge the eviction with the tribunal if you believe it is not genuine.
• Request evidence. Ask your landlord for written proof that they – or their family – will move in (such as utility account transfers or a written plan).
• Collect documentation. Save messages, emails, rental ads, and other materials that support your case.
• Apply to the Residential Tenancy Office (RTO). If you believe the landlord evicted you in bad faith, submit a complaint to the RTO for investigation and possible compensation.

You can read more about Tenant Rights and Landlord Rights in Prince Edward Island to understand broader protections under PEI law.

Filing an Application with the Residential Tenancy Office

The PEI Residential Tenancy Office (RTO) is responsible for resolving landlord-tenant disputes, including bad-faith evictions. If your landlord re-rents the unit or fails to move in soon after your tenancy ends, you can:

• Submit a Form 2 – Application by Tenant to the RTO. Download Form 2 here.
• Explain the situation and attach any evidence of bad faith.
• The RTO will review the application and may schedule a hearing.

After a Bad-Faith Eviction: Possible Remedies

If the RTO finds that your landlord acted in bad faith, you may be entitled to:

• Financial compensation for moving costs or rent differences
• Potential damages for loss of housing

Orders depend on your evidence and the details of your case. It is strongly recommended to seek help from local tenant advocacy organizations if you feel overwhelmed.

Your Rights and Responsibilities During the Process

Tenants must continue to follow all terms of their lease during a dispute, including paying rent and maintaining the property according to Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Stay organized and keep good records. If you’re moving, remember the importance of completing a move-out inspection and following recommended Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

How-To Steps: Challenging a Bad-Faith Owner Move-In Eviction

• Review the eviction notice and check if the reason is for landlord or family member use.
• Ask the landlord for evidence showing intent to move in (if safe to do so).
• Gather evidence (rental ads, communications, timelines).
• Complete Form 2 – Application by Tenant from the PEI government.
• Submit Form 2 and your supporting evidence to the Residential Tenancy Office.
• Attend any scheduled hearing or mediation session.

Throughout your tenancy journey, you can Find rental homes across Canada on Houseme to easily compare listings and plan your housing future.

FAQ: Your Bad-Faith Eviction Questions Answered

1. What is a bad-faith eviction for personal use? A bad-faith personal use eviction occurs when a landlord claims they or a family member will move in but never intend to live in the unit, instead seeking to re-rent at a higher rent or remove the tenant for other purposes.
2. What forms should tenants use to challenge an eviction in PEI? Tenants should use Form 2 – Application by Tenant to file a complaint with the Residential Tenancy Office if they believe their landlord evicted them for personal use in bad faith.
3. Can I get compensation if my landlord evicted me in bad faith? Yes. If the Residential Tenancy Office finds evidence of a bad-faith eviction, tenants may receive compensation for moving expenses, rental differences, or even damages.
4. How quickly do I need to act if I suspect a bad-faith eviction? Tenants should gather evidence and submit their application as soon as possible after suspecting bad faith, ideally within weeks of discovering the landlord did not move in as claimed.
5. Where can I get support with a bad-faith eviction in Prince Edward Island? You can contact the PEI Residential Tenancy Office, local tenant groups, or legal clinics for advice and assistance navigating your case.

Key Takeaways

• Landlords in PEI cannot evict tenants in bad faith and must provide truthful reasons backed by intent and evidence.
• If you receive a questionable eviction notice, act quickly: gather documentation, ask questions, and apply to the Residential Tenancy Office if needed.
• Stay informed about your rights by reading Tenant Rights and Landlord Rights in Prince Edward Island and reach out for support as soon as possible.

Need Help? Resources for Tenants

• Residential Tenancy Office (PEI): Filing applications, information, and dispute resolution
• Prince Edward Island Residential Tenancy Act: The official legislation governing landlord-tenant relationships
• Local community legal clinics and advocacy organizations for one-on-one support

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1. Prince Edward Island Residential Tenancy Act (PEI, current year)
2. Government of PEI – Residential Tenancy Office
3. Form 4 – Notice of Termination by Landlord (OFFICIAL)
4. Form 2 – Application by Tenant (OFFICIAL)

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