Dealing with Eviction for Having a Pet in Prince Edward Island

If you're a tenant in Prince Edward Island facing eviction because of a pet, you're not alone. Many renters are surprised to learn that rules around pets can differ significantly depending on what's in their lease and the province's laws. This guide explains your rights, what steps to take if you receive an eviction notice over a pet, and where to turn for help in Prince Edward Island.

Pet Policies in Prince Edward Island Rentals

In PEI, landlords can include a "no pets" clause in the rental agreement. If you signed an agreement with such a rule, bringing a pet into your home could be considered a breach of your lease. However, not all situations are the same—there are exceptions, especially if the animal is a service animal or if the landlord's actions are discriminatory.

• Review your lease for any clauses about pets
• Service animals may be protected under provincial or federal law
• Landlords have the right to enforce no-pet rules if clearly stated

To learn more about the basic rights and responsibilities for both landlords and tenants, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Eviction Process for Pet-Related Violations in PEI

If your landlord seeks to evict you due to a pet, they must follow the process set out by the Island Regulatory and Appeals Commission (IRAC) Rental Office. All notices and processes are guided by the Residential Tenancy Act (PEI)¹.

Key Steps in the Eviction Process

• Notice to Quit: If a tenant violates a no-pets clause, the landlord may serve a Notice to Quit—Form 4. This form can be downloaded from the IRAC Rental Office.
• Timeline: The Notice to Quit typically gives you not less than one month's notice to fix the issue or move out, depending on the terms and severity.
• Right to Respond: You can dispute the eviction by filing a Response to Notice to Quit—Form 6, outlining your reasons.

What Are Your Options?

• Remove the pet to comply with your lease and avoid eviction.
• Negotiate with your landlord for an exception or written permission for your pet.
• If you believe the eviction is not justified (e.g., your animal is a certified service animal), dispute the notice through IRAC.

Official Forms and How to Use Them

• Notice to Quit (Form 4): Download here. This is used by landlords to begin the eviction process for a breach such as keeping an unauthorized pet.
• Response to Notice to Quit (Form 6): Download here. Tenants should use this within the deadline on the notice to formally dispute the eviction. Clearly explain your side and include any proof, such as medical documentation for a service animal.
• Application for Enforcement (Form 7): Download here. Used if you need to enforce your rights or the outcome of a hearing through IRAC.

IRAC may call both parties to a hearing before making a decision. You can represent yourself and bring any documentation related to your pet and tenancy.

Your Rights and Legislation

All eviction proceedings must comply with PEI's Residential Tenancy Act. The tribunal overseeing these matters is the IRAC Rental Office.

For a deeper look at your rights as a tenant in this province, see Tenant Rights and Landlord Rights in Prince Edward Island.

Possible Defences Against Eviction

• If you have a service animal, ensure you have documentation and consider referencing protections under the Canadian Human Rights Act.
• If the pet is not causing damage or disturbance, and there's no clear no-pets clause, you may be able to contest the eviction.
• File your Response to Notice to Quit quickly—deadlines are strict.

After the Dispute: What Happens Next?

If you dispute the eviction, IRAC will review both sides and provide a written decision. Make sure all rent is current and property is maintained during this time. For tips on your responsibilities and rights after the rental agreement is signed, see What Tenants Need to Know After Signing the Rental Agreement.

If you need to find a pet-friendly rental in the future, you can search pet-friendly rentals on Houseme.ca for options across Canada.

FAQs: Facing Eviction Over a Pet in PEI

1. Can my landlord evict me just for having a pet in PEI?
   Yes, if your lease includes a no-pets clause, you may be asked to remove the pet or face eviction. However, certain exceptions may apply, such as service animals.
2. What should I do if I receive a Notice to Quit for my pet?
   Review the notice, check your lease, and file a Response to Notice to Quit (Form 6) through IRAC if you wish to dispute it.
3. How quickly must I respond to an eviction notice?
   You typically must act within the deadline specified on the notice, often one month. Respond as soon as possible to preserve your rights.
4. Can a landlord enter my unit to check for pets without notice?
   No. In PEI, landlords must provide written notice and follow specific entry rules under the Residential Tenancy Act.
5. Where can I get help if I can't resolve the issue with my landlord?
   You can contact the IRAC Rental Office or local tenant advocacy organizations for advice and support.

Key Takeaways for Tenants

• Always review your lease for pet clauses before bringing a pet home.
• Use official forms—like the Notice to Quit and Response to Notice to Quit—on time.
• Dispute unfair or unclear evictions through IRAC and gather all supporting documents.

Understanding the process and acting quickly gives you the best chance to resolve a pet-related eviction.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Rental Office: For official forms and tenant dispute submissions
• Residential Tenancy Act (PEI): View the current law
• Tenant advocacy organizations, local legal clinics, and Community Legal Information PEI can help clarify your rights

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1. Residential Tenancy Act (PEI): View the legislation here
2. IRAC Rental Office: Official government tribunal for rental disputes
3. Official Tenancy Forms: Government forms and documents

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