Delayed Landlord Possession: Tenant Rights in PEI

When you're ready to move into your new rental in Prince Edward Island but the landlord delays giving you possession, it can be both stressful and confusing. Understanding what steps you can take and your rights under Prince Edward Island law will help you protect yourself and your belongings.

What Is Delayed Landlord Possession?

Delayed possession happens when your landlord cannot (or will not) provide access to your rental unit on the agreed-upon start date in your lease or rental agreement. This situation may be due to unfinished repairs, the previous tenant refusing to leave, or other unexpected circumstances.

Delayed access can create many challenges—especially if you've already arranged movers or ended a previous tenancy. Fortunately, Prince Edward Island’s rental laws offer you protection in these situations.

Your Legal Rights in Prince Edward Island

The Rental of Residential Property Act (PEI) sets out landlord and tenant rights and obligations. If your landlord delays your move-in, you have specific rights and possible remedies under this legislation.

• Entitlement to Possession: As a tenant, you are legally entitled to take possession of your rental on the start date stated in your agreement.
• Potential Remedies: If the landlord cannot provide possession, you may be able to end the agreement and recover any rent or deposit paid, or apply for compensation for additional costs.

For a full picture of your rights in PEI, visit Tenant Rights and Landlord Rights in Prince Edward Island.

What Should Tenants Do if Possession is Delayed?

Here's a summary of practical steps to take if you can't move in on the agreed date.

1. Communicate With Your Landlord

Ask for a clear explanation (in writing if possible) about the reason for the delay and when you can expect access. Keep all correspondence for your records.

2. Document Everything

Write down details about the missed possession date, any costs you've incurred (such as storage or temporary accommodation), and save all receipts.

3. Decide How You Want to Proceed

• If the delay is minor, you might agree on a new possession date and ask for compensation for any additional costs.
• If the delay is long or indefinite, you may wish to end the agreement and look for another rental.

4. Apply to the Island Regulatory and Appeals Commission (IRAC)

Prince Edward Island residential tenancy disputes, including possession issues, are handled by the Island Regulatory and Appeals Commission (IRAC). You can apply for compensation or to end the tenancy agreement.

Official Forms and How to Use Them

• Form 6: Application by Tenant
  Use Form 6 to request a remedy from IRAC if your landlord does not provide possession on the agreed date. For example, if you are forced to stay in a hotel and want to recover those costs, submit Form 6 with receipts attached.
  Download Form 6 (Application by Tenant) directly from IRAC.
• Form 9: Notice of Termination by Tenant
  If you no longer wish to wait for the unit, use Form 9 to give proper notice to terminate the agreement due to the landlord's failure to provide possession.
  Download Form 9 (Notice of Termination by Tenant) from IRAC.

All forms and details are available on the IRAC Residential Rental Office website.

Legislation and More Resources

Your rights and all processes regarding delayed possession are determined by the Rental of Residential Property Act¹. Familiarize yourself with this law to understand timelines and procedures.

Additional Considerations for Tenants

If you're moving into a new place, instability around your possession date can affect many aspects of your tenancy. It's helpful to prepare in advance:

• Review practical move-in advice in Essential Tips for Tenants When Moving Into a New Rental Home.
• Know your rights if you have already paid a deposit—read Understanding Rental Deposits: What Tenants Need to Know.

Looking for a new property because of delays? Find rental homes across Canada on Houseme for a quick search and easy comparison.

FAQ: Common Questions About Delayed Possession

1. Can I cancel my lease if my landlord won't give me possession?
   Yes. If your landlord cannot provide possession when promised, you are entitled to end your agreement and claim back any payments, as well as apply for compensation for extra expenses.
2. Who pays for my hotel or storage costs if I can't move in?
   If the delay is the landlord's fault, you can ask for reimbursement by applying to IRAC. Document all expenses and submit them with your Form 6 application.
3. How soon should I file a complaint if possession is delayed?
   As soon as it becomes clear you won't get possession. Start by notifying the landlord, and if things aren't resolved quickly, submit your application to IRAC.
4. What happens if the previous tenant hasn’t moved out?
   This is still the landlord’s responsibility. You can use the same filing process and request compensation or termination of your rental agreement.
5. Where can I get free advice or help as a PEI tenant?
   Contact the Island Regulatory and Appeals Commission (IRAC), local tenant support organizations, or legal clinics for free help.

Conclusion: Key Takeaways

• As a tenant in PEI, you are entitled to timely possession of your rental unit as stated in your agreement.
• If your landlord cannot deliver on time, document the situation and expenses, then contact IRAC for official remedies.
• Always use official forms and procedures for the best outcome and preserve all written communication with your landlord.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Residential Rental Office — Information, forms, and dispute application.
• PEI Government Rental Properties Info — Provincial resources and guides.
• Local legal aid clinics and tenant support groups may help you file applications or understand your options.

---

1. Rental of Residential Property Act (Prince Edward Island)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy