Can You Be Evicted for Landlord’s Family to Move In? PEI Rules

Facing eviction is stressful, especially if your landlord says their family member wants to move in. In Prince Edward Island (PEI), there are specific rules about when—and how—this type of eviction can happen. This guide will walk you through your rights, required notice periods, the process for serving and responding to an eviction notice, and where to get help.

Can a Landlord Evict for Their Family to Move In?

Under PEI’s Rental of Residential Property Act, landlords may end a tenancy if they or an immediate family member intend to occupy the rental unit themselves. This is known as a "landlord's use" eviction. However, strict legal steps must be followed to protect tenants from wrongful eviction.

Who Qualifies as Immediate Family?

Immediate family in PEI typically includes a landlord’s spouse, children, parents, or sometimes other dependants. Evictions for distant relatives or friends are not allowed under this rule.

Required Notice and Process

Landlords must give written notice using the proper form and timeline. The standard rules include:

• Notice Form: Landlords must use the official Form 4: Notice of Termination by Landlord. This form states the reason for termination, including landlord's family need.
• Notice Period: The tenant must receive at least two months’ written notice before the termination date.

For a termination due to landlord’s use, the law prohibits the landlord from renting the home to someone new for at least 6 months unless your old home is truly being occupied by the landlord or eligible family member.

What If You Disagree with the Eviction?

Tenants have the right to challenge the eviction if they suspect the landlord does not genuinely intend to move in or if the proper process was not followed.

• File a dispute with the Island Regulatory and Appeals Commission (IRAC) within 10 days of receiving the notice.
• Gather evidence (such as copies of the notice, communications, and any proof that the landlord isn’t actually moving in).

IRAC is the legal authority managing residential tenancies in PEI, including eviction disputes and all landlord-tenant matters.

What Forms Are Required—and How to Use Them

• Form 4: Notice of Termination by Landlord
  • When used: Landlords must use Form 4 to give you written notice if they or their close family member want to move in. The form should clearly state this as the reason.
  • Action for tenants: If served with a Form 4, review the reason carefully. If you disagree, act quickly to file a dispute with IRAC. Download the official form here: Download PEI Form 4
• Application for Dispute Resolution (Form 6)
  • When used: If you wish to contest the eviction notice, use Form 6 within 10 days of receiving Form 4.
  • Action for tenants: Submit Form 6 to IRAC with supporting documents. Get the official form at PEI Form 6.

It’s important to act quickly and keep copies of all correspondence, forms, and evidence during this process. See Tenant Rights and Landlord Rights in Prince Edward Island for a broad overview of rights and obligations.

What Happens If You Leave?

If you move out after a legal eviction notice, you have rights around your deposit, unit condition, and moving process. For a smooth exit, check out our guide: Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Practical Example

If your landlord’s daughter is finishing school and plans to live in your rental unit, your landlord may serve Form 4 with two months’ notice. If you think the daughter is not actually moving in (for example, you see new tenants instead), you can file a dispute with IRAC using Form 6.

Understanding Your Other Rights and Duties

Landlord's use evictions do not void your right to proper notice, to challenge the eviction, or to a safe and maintained home during the notice period. Both tenant and landlord must follow the obligations set by law. Learn more in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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FAQs about Landlord’s Family Move-In Evictions in PEI

1. Can a landlord evict me immediately if their family needs the unit?
   No. They must give you at least two months’ written notice using Form 4.
2. What if I don’t think the landlord’s family will actually move in?
   You can file a dispute with IRAC within 10 days of receiving the notice. IRAC will review the case and may overturn the eviction if there is no genuine need.
3. Can the landlord re-rent my unit after I leave?
   Not within 6 months unless their family member or they themselves actually move in. Doing otherwise may be illegal.
4. Is my security deposit protected?
   Yes. Your deposit rights do not change. Make sure to complete any required inspections and follow the move-out process.
5. Where can I find more information about my tenant rights?
   See Tenant Rights and Landlord Rights in Prince Edward Island for a full overview and helpful links.

Key Takeaways for Tenants in PEI

• Landlords can only evict for landlord or close family use by following strict legal steps and notice periods.
• You have the right to dispute an eviction notice if the process isn’t properly followed.
• Always use official forms and submit any dispute to IRAC within the stated timeline.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) – Rental Office: Handles all tenancy disputes and provides official resources and forms.
• PEI Government Tenant Information: Information for tenants including rights, notice periods, and forms.
• Tenant Rights and Landlord Rights in Prince Edward Island: Comprehensive guide to PEI tenancy law.
• Local tenant support services, legal aid clinics, or community centres can also help with specific questions or representation.

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1. Rental of Residential Property Act (PEI)
2. Island Regulatory and Appeals Commission (IRAC) – Rental Office
3. Form 4: Notice of Termination by Landlord (Government of PEI)
4. Form 6: Application for Dispute Resolution by Tenant (Government of PEI)

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