As a tenant in Prince Edward Island, you have a right to seek help from the Island Regulatory and Appeals Commission (IRAC), the province's rental office, or from municipal inspectors if you have a concern with your rental unit. Many tenants worry that reporting issues—such as repairs, pest problems, or unsafe conditions—might lead to eviction. This article explains your rights and protections under PEI law, with practical steps for tenants who need support.
Your Right to Contact PEI's Rental Office or Municipal Inspectors
According to the Prince Edward Island Rental of Residential Property Act, tenants are protected from retaliation if they exercise their legal rights, such as:
- Filing a complaint with the Island Regulatory and Appeals Commission (IRAC) Rental Office
- Contacting city or municipal inspectors over health, safety, or repair issues
It is illegal for your landlord to evict you or threaten eviction solely because you have contacted the IRAC Rental Office or city inspectors about your unit.
What is Retaliatory Eviction?
A 'retaliatory eviction' means an eviction served by a landlord as punishment for a tenant asserting their rights. In PEI, landlords cannot evict because a tenant:
- Makes a complaint to the Rental Office
- Contacts health or bylaw inspectors with concerns about their living conditions
- Participates in tenant advocacy or seeks legal advice
For more information on the issues tenants face and appropriate solutions, see Common Issues Tenants Face and How to Resolve Them.
Common Reasons Tenants Contact Inspectors or the Rental Office
- Pest infestations
- Lack of essential services (heat, water, electricity, etc.)
- Mold, leaks, or poor structural conditions
- Serious health and safety hazards
To better understand common problems and your rights as a tenant, refer to Health and Safety Issues Every Tenant Should Know When Renting.
How PEI’s Rental of Residential Property Act Protects You
The Rental of Residential Property Act prohibits landlords from retaliating against tenants for asserting their legal rights. If a landlord tries to evict a tenant soon after a complaint or inspection request, the tenant can argue that the eviction is retaliatory—potentially preventing the eviction from proceeding.
- Section 16 of the Act deals directly with termination of rental agreements and outlines rights for both tenants and landlords1.
What Should You Do If You Receive an Eviction Notice?
If your landlord serves you a 'Notice of Termination', but you believe it’s because you reached out to IRAC or an inspector, you have options:
- Do not ignore the notice—respond within the required timeframe.
- File a Formal Objection (Form 6: Notice of Objection to Termination) with the IRAC Rental Office official forms.
Example: If you reported a leaking roof to a city inspector and your landlord gives you a termination notice within days, you can file Form 6, provide supporting evidence, and request a hearing.
Key Tenant Action Steps
- Keep all written communications (emails, letters, and text messages) with your landlord and officials.
- Document your complaint to IRAC or inspectors (including dates, times, and responses).
- File your objection within the deadline stated on your eviction notice.
Tenants in PEI are safeguarded from eviction when asserting their legal rights to a safe and healthy home. Don't hesitate to reach out for help.
To understand your broader rights in the province, see Tenant Rights and Landlord Rights in Prince Edward Island.
You can also Find rental homes across Canada on Houseme if you’re considering a new start or want to compare your housing options.
FAQ: Tenants' Rights About Eviction and Complaints in PEI
- Can a landlord evict me for calling the IRAC Rental Office or city inspectors?
No, it is illegal for your landlord to evict, threaten, or penalize you for contacting IRAC or municipal authorities. - What form should I use if I want to contest an eviction I think is retaliatory?
You should use Form 6: Notice of Objection to Termination. Submit this to the IRAC Rental Office within the deadline on your eviction notice. - What can I do if repairs or health and safety issues aren’t addressed?
Contact your landlord first in writing. If they don’t respond, file a complaint with IRAC or your local city inspector. You have the right to a safe and habitable home. - Am I protected if I complain as part of a group of tenants?
Yes. PEI law protects both individuals and groups of tenants from retaliation for raising concerns together. - Where can I get more help with tenant and landlord issues in PEI?
See the resources section below for official contacts, forms, and helpful guides.
Conclusion: Key Takeaways for Tenants
- PEI law protects tenants from eviction in retaliation for contacting IRAC or municipal inspectors.
- Always document your complaints and correspondence and use Form 6 to challenge any questionable eviction.
- Know your rights, act promptly, and reach out for help if you face landlord retaliation.
Tenants are entitled to a safe environment and cannot be penalized for standing up for their rights. Understanding these protections helps you maintain secure housing and peace of mind.
Need Help? Resources for Tenants
- Island Regulatory and Appeals Commission (IRAC) Rental Office – Official tenant complaints, forms, and resources
- PEI Rental Office Forms and Applications – Download Form 6 and others as needed
- PEI Housing Services – Tenant support and information
- Your local municipality – Contact for inspections about building safety or bylaw concerns
- Prince Edward Island Rental of Residential Property Act (Section 16 – Protection against retaliatory eviction).
- Island Regulatory and Appeals Commission (IRAC) Rental Office – Official PEI body handling tenancy matters, complaints, and disputes.
