Eviction for Non-Payment of Rent in PEI: Tenant Rights

If you’re renting a home or apartment in Prince Edward Island, paying your rent in full and on time is a key part of your lease agreement. But life can bring unexpected challenges. This guide explains what happens if rent isn’t paid, how eviction for non-payment works in PEI, and what steps you can take to protect your rights. All information is current as of this year and based on the Rental of Residential Property Act of Prince Edward Island[1].

The Basics: Can Tenants Be Evicted for Non-Payment of Rent in PEI?

Yes. In Prince Edward Island, if you do not pay rent by the due date specified in your lease, your landlord can begin the eviction process. However, there are important legal steps that must be followed to protect both landlord and tenant rights. The Residential Tenancy Office is the agency responsible for overseeing these rules and processes.

What Is the Legal Process for Eviction Due to Non-Payment?

Eviction is never automatic. Your landlord must follow a formal process under PEI’s tenancy laws. The key steps are:

• Your rent is due on the date set in your lease.
• If you haven’t paid on time, the landlord may serve you an official “Notice of Termination” (Form 4).
• You usually have 20 days from the date the notice is given to pay the full rent and stop the eviction process.
• If you do not pay all outstanding rent within those 20 days, your landlord can apply to the Residential Tenancy Office for an order to end your tenancy and evict you.

What Is Form 4 – Notice of Termination for Non-Payment?

Form 4: Notice of Termination for Non-Payment of Rent is the official form landlords must use in PEI when they want to end a tenancy because rent hasn’t been paid.

• When and how it’s used: Your landlord completes Form 4 and gives you a copy (in person or by legally-acceptable method) after rent is overdue.
• What tenants should do: If you receive this notice, you have 20 days to pay any rent (and applicable fees) to stop the termination. Always get a receipt for payments.

You can view or download Form 4 directly from the official PEI Residential Tenancy Forms page.

What Happens If You Can’t Pay Within the Notice Period?

If you do not pay all rent owing within the 20-day notice period, your landlord can apply to the PEI Residential Tenancy Office for an order of possession, which allows them to evict you. You will receive notice of this application and can attend a hearing to explain your situation or contest the eviction. The tribunal will then decide if the eviction will proceed or not.

Your Rights During the Process

The law protects tenants from being evicted without proper notice. You must be given a legally-valid Form 4 and have an opportunity to address the issue. If you believe the notice was given in error, or if you have already paid, you can respond in writing or attend the tribunal hearing to present your case.

Paying Rent and Your Lease Responsibilities

It’s important to understand all obligations under your lease. For a deeper look at your rental payment rights and strategies to manage your obligations, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Staying on top of rent and communicating with your landlord are the best ways to avoid problems. If you have already signed your agreement, read What Tenants Need to Know After Signing the Rental Agreement for useful advice on managing your tenancy.

How to Respond to a Notice of Termination for Non-Payment

If you’ve received a Form 4 notice for unpaid rent, act quickly and carefully. Here are the steps you can take:

• Review your Form 4 notice for correct amounts and deadlines
• Gather proof of any payments already made (receipts, bank records)
• Repay all overdue rent as soon as possible—ideally before the 20-day deadline
• Contact your landlord in writing to confirm payment and request written confirmation your tenancy will continue
• If you disagree with the notice, prepare to attend the Residential Tenancy Office hearing (bring evidence & documents)

Relevant PEI Law & Resources

Eviction for non-payment of rent is governed by the Rental of Residential Property Act (official PEI legislation).

The Residential Tenancy Office handles all applications and disputes related to eviction and rent. Find information, forms, and how to contact them at the Residential Tenancy Office.

If you want to compare your rights with those in different parts of the country, see Tenant Rights and Landlord Rights in Prince Edward Island.

For other areas or to look for another place to live, you can Find rental homes across Canada on Houseme with features designed for every tenant’s needs.

Frequently Asked Questions About Eviction for Non-Payment in PEI

1. What happens if I pay my overdue rent after getting a notice of termination?
   If you pay all past-due rent within the 20-day notice period listed on Form 4, the eviction process stops and your tenancy continues as before. Always ask for a written receipt.
2. Can my landlord evict me without a formal notice?
   No, PEI law requires your landlord to use the official Form 4 – Notice of Termination for Non-Payment of Rent. Verbal or informal warnings do not count.
3. Where do I go if I want to challenge an eviction notice?
   You can challenge the eviction by attending a hearing with the PEI Residential Tenancy Office. Bring documents, receipts, and any evidence that supports your case.
4. If I can’t pay immediately, are there support resources?
   Contact local tenant advocacy groups, PEI government social programs, or the Residential Tenancy Office for guidance. In some cases, payment arrangements or community supports may be available.
5. Does eviction for non-payment affect my rental deposit?
   If you are evicted and have outstanding rent, your landlord may use your deposit to cover some of what’s owed. For more, see your lease and the Act.

Key Takeaways for Tenants

• If you don’t pay rent on time in PEI, you can be evicted—but only through a specific legal process.
• Always respond quickly to a notice of termination (Form 4), and pay overdue rent within the 20-day window to keep your tenancy.
• The Residential Tenancy Office handles disputes and can provide guidance on your rights.

Understanding the law and acting early can protect your home and your rights.

Need Help? Resources for Tenants in Prince Edward Island

• Residential Tenancy Office – Justice and Public Safety PEI (eviction process, applications, forms, hearings)
• Rental of Residential Property Act (laws and protections for tenants)
• PEI Family Legal Aid: 1-800-240-9798 (for qualifying low-income tenants under threat of eviction)
• Tenant Rights and Landlord Rights in Prince Edward Island
• Community Legal Information PEI: Legal Information PEI (general advice and resources)

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1. Rental of Residential Property Act, RSPEI 1988, c R-13
2. PEI Residential Tenancy Office
3. Official PEI Residential Tenancy Forms

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