Documenting Landlord Retaliation: Tenant Guide for PEI

If you're renting in Prince Edward Island and feel your landlord is taking revenge after you exercised your tenant rights—such as filing a repair request or a complaint—it's important to know how to document these actions. The law protects tenants against retaliatory or 'revenge' behaviour, but you may need solid evidence to make your case. This guide explains how PEI tenants can recognize, record, and respond to landlord retaliation.

What Is Landlord Retaliation (Revenge Action)?

Retaliation happens when a landlord takes negative action against a tenant for asserting their legal rights. Examples include raising the rent, threatening eviction, or denying repairs soon after you made a complaint or asserted your rights under PEI's Rental of Residential Property Act^[1]. Not all negative actions are automatically retaliation—the timing and context matter.

Common Signs of Retaliation

• Receiving an eviction notice shortly after reporting a health or safety issue
• Your landlord refuses routine repairs you previously requested
• Rent is suddenly increased after you insist on your tenant rights
• You’re subjected to stricter rules or harassment after a dispute

Knowing what counts as retaliation helps you collect the right documentation.

Why Documentation Is Essential

The Rental of Residential Property Act protects tenants from revenge actions, but proving your case to the Island Regulatory and Appeals Commission (IRAC)—the tribunal that handles rental disputes in PEI (visit the official IRAC rental page)—requires evidence. Detailed records will support your claims.

How to Document Possible Retaliatory Actions

• Save all written communication: Emails, letters, and texts with your landlord or property manager. Always confirm requests in writing.
• Record dates and details: Keep a logbook describing what happened, with times, dates, who was involved, and why you believe it's retaliation.
• Collect supporting evidence: Take photos or videos of any problems you reported (e.g., repairs needed), and of landlord posts or notices.
• Document rent payments: Save receipts or bank statements proving you’re up to date, just in case rent non-payment is alleged.
• Witnesses: Note if anyone else witnessed the behaviour and could confirm your account if needed.

Comprehensive documentation makes your case much stronger if you need to go before IRAC or another tribunal.

Using Official PEI Forms and Filing a Complaint

If you believe your landlord has taken revenge action, you can submit a complaint to the Island Regulatory and Appeals Commission. Here's how:

Official Forms

• Application by Tenant (Form 2): This form is used by tenants to request an order from IRAC. Use it to apply for a remedy if you believe your landlord is retaliating or violating your rights. For example, if you receive an eviction notice after requesting repairs, submit this form to request a hearing.
  Access the Application by Tenant (Form 2)
• Notice of Dispute (Form 6): If you disagree with your landlord’s response or a decision issued, use this form to dispute it and request a hearing before IRAC.
  View Notice of Dispute (Form 6)

Always keep a copy of any form you submit and confirmation of its delivery to IRAC or your landlord.

Action Steps: What Should PEI Tenants Do?

• Keep a written log of all incidents related to the possible retaliation
• Gather copies of your lease, rent receipts, and communications
• Complete the appropriate IRAC form (usually Form 2)
• Submit the form to IRAC (by mail, in-person, or online as per the instructions)
• Prepare your evidence and, if needed, be ready to attend a hearing

For a fuller understanding of landlord and tenant rights in your province, see Tenant Rights and Landlord Rights in Prince Edward Island.

Legal Protection for PEI Tenants

Section 24 of the Rental of Residential Property Act outlines tenant protections against retaliation. Landlords cannot evict, fine, raise rent, or try to change your rights because you exercised one granted by law. If proven, IRAC can overturn the landlord's action and may order compensation.

Understanding your responsibilities also helps reinforce your position. To learn more, check out Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For convenient access to housing and tenant resources—including finding your next place—Find rental homes across Canada on Houseme.

FAQ

1. What counts as landlord retaliation in PEI?
   Retaliation includes actions such as eviction, rent increases, or denied repairs taken soon after a tenant exercises their rights—for example, after complaining about repairs or joining a tenant group.
2. How can I prove my landlord took revenge?
   Clear documentation is key: save all communications, keep a written log, and gather evidence showing the timing and connection between your actions and your landlord’s response.
3. What official forms do I use to file a complaint about revenge actions?
   Use the Application by Tenant (Form 2) to ask IRAC for a hearing and resolution.
4. What protections do I have if my landlord tries to evict me in retaliation?
   The Rental of Residential Property Act forbids retaliatory evictions. If you believe an eviction is revenge, you can challenge it through IRAC.
5. Where do I go for help with tenancy disputes in PEI?
   Contact the Island Regulatory and Appeals Commission or a local tenant advocacy service.

Key Takeaways for PEI Tenants

• Document everything if you suspect a revenge action, including timing, details, and correspondence
• Use official PEI rental forms such as Form 2 to protect your rights
• You are legally protected from retaliation—submit complaints to IRAC for fair review

By keeping proper records and acting promptly, PEI tenants can successfully address and resolve issues of landlord retaliation.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC): Official PEI Rental Office
• PEI Rental of Residential Property Act: View full legislation here
• Community Legal Information: Free legal information and tenant resources for PEI

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1. Rental of Residential Property Act (PEI)
2. Island Regulatory and Appeals Commission (IRAC) rental information

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