Evicting a Roommate in Prince Edward Island: Step-by-Step Legal Guide

Sharing a rental unit in Prince Edward Island can be a great way to save on costs, but sometimes living situations change and you may need your roommate to move out. If you’re a tenant wondering how to evict a roommate in PEI, it’s important to know your legal rights, responsibilities, and the official steps you must follow.

Roommate Evictions in Prince Edward Island: What You Need to Know

In PEI, the laws around evicting a roommate depend greatly on your rental agreement and the structure of your tenancy. The Prince Edward Island Residential Tenancy Act^[1] sets out the rules and protections for tenants and landlords, but it doesn’t specifically address disputes between roommates unless both are on the lease.

Here’s the key distinction:

• Both names on the lease: Both you and your roommate are tenants in the eyes of the law. Only the landlord (not you) can remove a tenant by following the Act.
• Only your name on the lease: A roommate is often considered an "occupant" or subtenant. In this case, you have some ability to ask them to leave, but legal processes must be followed if they refuse.

If you’re unsure how your situation is categorized, check your written rental agreement and speak to your landlord or the Island Regulatory and Appeals Commission (IRAC) – Residential Rental Property Office, which is the official tribunal overseeing tenancy matters in PEI.

Legal Steps to Remove a Roommate in PEI

Evicting a roommate requires following the correct process. Failing to do so could lead to legal problems or even claims against you for wrongful eviction.

Step 1: Talk it Out

Before taking formal steps, always try to resolve issues peacefully. Communication can save both parties a lot of stress.

Step 2: Give Proper Notice

If your roommate pays rent directly to you (the tenant), and you wish to end the arrangement, you should give them a written notice, typically following the same rules you would as a landlord:

• For no-fault situations: At least one full month's written notice, unless otherwise agreed.
• For cause (e.g., non-payment of their share, damage): Written notice should specify the problem and what needs to be fixed, with a reasonable timeline.

Use clear, dated, and signed letters to document the notice. Provide a copy to your roommate and keep one for your records.

Step 3: File With the IRAC Tribunal if Needed

If your roommate refuses to leave after receiving proper notice, you may need to formalize the process by filing with the Residential Rental Property Office. This is especially necessary if your roommate is a subtenant or your agreement is complex.

• Form 6 – Application by Landlord for an Order of Possession: Used if you are considered the landlord to your roommate. Submit this form to the IRAC office. Details and the form are available through the official forms page. Example: You collect rent and there is a sublease.
• Form 2 – Notice of Termination (Sub-tenant): If your roommate is formally a subtenant, complete and serve this form according to the rules. Learn more on the IRAC forms page.

The tribunal will review the case, hold a hearing if needed, and issue an order, which may be enforced with the help of local authorities if your roommate still does not leave.

Tenants should always avoid "self-help" evictions, such as changing locks or removing a roommate’s belongings, as these actions can be illegal in PEI.

Roommate Rights and Tenant Obligations

All tenants and occupants in PEI rental properties have a right to safe, habitable conditions and due process. As the tenant, you continue to be responsible for the full rent and any damages, even if the problem is caused by your roommate. For more on shared rental responsibilities, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Whether you’re starting or ending a shared rental, be sure to understand your rights with Tenant Rights and Landlord Rights in Prince Edward Island.

Helpful Considerations When Ending a Roommate Arrangement

• Review your rental or sublease agreement to confirm notice periods and conditions
• Discuss your plan with your landlord if you are both on the lease
• Document all communications and agreements in writing

When moving on, you might also find tips from Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit helpful.

If you need a fresh start or a place of your own, consider using Canada's best rental listings platform to find your next home.

Frequently Asked Questions (FAQ)

1. Can I evict a roommate who is on the lease with me?
   If your roommate is a co-tenant on the original lease, you cannot evict them yourself. Only your landlord can apply to remove a tenant through the IRAC Residential Rental Property Office.
2. What if my roommate refuses to pay their share of rent?
   If your roommate is not on the lease, you can give them written notice to leave. If they stay, apply to IRAC for an order of possession as a sublandlord. If they are on the lease, you remain jointly responsible and should speak with your landlord.
3. Can I lock out my roommate or move their belongings if they refuse to leave?
   No. PEI law prohibits "self-help" evictions. Only a tribunal order can remove a person from a rental unit if they refuse to leave after notice.
4. What forms do I need to start a roommate eviction in PEI?
   If your roommate is not a co-tenant, you may use Form 2 (Notice of Termination - Sub-tenant) and, if necessary, Form 6 (Application for Order of Possession). Consult IRAC for guidance and forms.
5. How long does it take to evict a roommate in Prince Edward Island?
   The timeline depends on the notice period, whether your roommate contests the eviction, and IRAC's hearing schedule. Expect several weeks at minimum.

Key Takeaways for Tenants

• Understand the difference between evicting a co-tenant and a subtenant before starting the process
• Always give clear written notice and avoid informal "lockouts" or removals
• Use the correct IRAC forms and follow official procedures to protect your rights

Knowing your responsibilities and following the proper process will help ensure a smooth transition and avoid legal trouble.

Need Help? Resources for Tenants

• PEI Residential Rental Property Office (IRAC): Advice, forms, information on hearings, and tenant rights
• PEI Housing Services: Provincial housing support and assistance
• Prince Edward Island Residential Tenancy Act (full text)

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1. Prince Edward Island Residential Tenancy Act
2. PEI Residential Rental Property Office (IRAC)
3. IRAC – Rental Applications & Forms

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