What happens during an emergency declaration in Prince Edward Island?
When the province issues an emergency declaration, temporary rules can affect repairs, entry, and relief measures. The Residential Tenancies Office handles tenancy disputes and can advise on what rules apply and how to file a complaint or application. Residential Tenancies Office[1] The Residential Tenancies Act sets tenant and landlord obligations and can be consulted for legal standards and timeframes. Residential Tenancies Act[2]
In most regions, tenants are entitled to basic habitability standards.
Tenant rights and common actions
Tenants still have rights to a safe, habitable home. Key actions to protect those rights include:
- Document damage with dated photos, notes and a log of communications.
- Contact your landlord immediately by phone and follow up in writing to create a record.
- Request emergency repairs in writing and keep copies of the request and any responses; see Emergency Situations and Repairs: Tenant Rights and Responsibilities.
- If the landlord does not act, file an application with the Residential Tenancies Office explaining the issue and your attempts to resolve it.
Detailed documentation increases your chances of success in disputes.
Official forms and when to use them
Some official forms you may need include:
- Application for Dispute Resolution (Form RD1) — use when a landlord fails to repair an urgent hazard after you requested it; for example, if lack of heat threatens health, file to ask the tribunal to order repairs.
- Notice to End Tenancy (Form N1) — used by landlords in specified situations such as non-payment; tenants should know this form to understand any termination claim.
- Emergency Repair Request (Form ER1) — where available, use this form to document urgent repair requests with dates and a clear description so the Office can review your file.
Always keep copies of submitted forms and proof of delivery (email, registered mail receipt, or time-stamped photos of hand-delivery). [3]
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Practical steps if repairs or safety are delayed
- Gather evidence: photos, videos, dated notes and copies of messages.
- Contact your landlord and request emergency repairs in writing; keep a copy.
- Submit the appropriate official form to the Residential Tenancies Office to start dispute resolution.[3]
- If a hearing is scheduled, bring your documentation and prepare a clear timeline.
- If ordered repairs are not completed and you are directed to relocate, keep receipts and records to claim reasonable expenses.
If you need temporary housing while repairs are addressed, Find rental homes across Canada on Houseme.
Respond to legal notices within deadlines to avoid losing rights.
FAQ
- Can my landlord enter my unit during an emergency declaration?
- Landlords may enter for emergency repairs but must follow rules about notice except where immediate entry is necessary to prevent harm.
- What if my landlord refuses to fix urgent heating, water, or safety issues?
- Begin with written requests, keep records, and file an application with the Residential Tenancies Office so a decision can order repairs.
- Can I withhold rent during an emergency if repairs are not done?
- Withholding rent can risk eviction; document the issue, seek advice from the Residential Tenancies Office, and use formal dispute processes rather than withholding rent.
How-To
- Record the problem with dated photos and a written log.
- Notify the landlord immediately by phone and follow up in writing.
- Submit the official application or repair request to the Residential Tenancies Office with copies of your evidence.
- Attend any hearing and present your documentation clearly and concisely.
- Keep all receipts if you must relocate temporarily and include them in a claim to recover reasonable expenses.
Help and Support / Resources
- Residential Tenancies Office ">Residential Tenancies Office ">Contact for disputes and forms
- Residential Tenancies Act (Prince Edward Island)
