Eviction for Renovations: Tenant Rights in Prince Edward Island

Eviction due to renovations is a major concern for many Prince Edward Island tenants. While landlords sometimes have the right to end a tenancy to do substantial renovations, the law ensures that your rights and protections come first. This guide explains what you need to know if you receive a renovation eviction notice, including your notice period, appeal options, and how to protect yourself under the Prince Edward Island Residential Tenancies Act¹.

When Can a Landlord End Your Tenancy for Renovations?

Under PEI law, landlords may apply to terminate a tenancy if they plan substantial renovations or repairs that require the unit to be vacant. However, this process is strictly regulated. Minor upgrades or cosmetic changes do not qualify. The renovation must be significant enough that it is unsafe or impossible for you to live in the unit during the work.

• The landlord must apply to the Director of Residential Rental Property before ending your tenancy for renovations.
• You are entitled to receive advance notice plus compensation in most cases.
• Tenants have the right to dispute a landlord’s application if they believe the eviction is not justified.

Your Notice Period

In Prince Edward Island, a landlord who is granted approval to terminate a tenancy for renovations typically must give you at least 60 days’ written notice before the projected date you must leave. This notice will include the reason for termination and specific dates.

Required Forms and How to Respond

Eviction for renovations is not automatic—your landlord must follow the official process set by the Office of the Director of Residential Rental Property. Here are the key forms involved:

• Form 6: Application by Landlord to Terminate a Rental Agreement
  When it’s used: Your landlord must file Form 6 to apply for permission to end your tenancy for renovations. You will receive a copy of this application.
  What to do: Review the application carefully. If you disagree, you have the right to respond (see next).
• Form 10: Notice of Hearing
  When it’s used: If your landlord applies for eviction, you’ll get a Notice of Hearing (Form 10). This will outline when and where the dispute will be reviewed.
  Access official PEI rental forms here.

If you disagree with the eviction, you can attend the hearing and present reasons, such as questioning the necessity or scope of renovations.

What Protections Do Tenants Have?

• Right to contest eviction: You can attend the hearing and make your case.
• Compensation: In some cases, tenants may be eligible for moving expenses. Ask the Director about current rules during your hearing.
  
• First Right of Refusal: If the landlord intends to re-rent the unit after renovations, you may have the first opportunity to move back in, depending on what is ordered during your hearing.

Your rights and responsibilities after receiving a notice are further outlined in What Tenants Need to Know After Signing the Rental Agreement.

How to Dispute or Respond to an Eviction for Renovations

• Read all documents provided. Make note of the hearing date.
• Prepare your case with any supporting documentation (photos, maintenance history, or proof renovations are unnecessary).
• Attend the scheduled hearing (virtually or in person) with the Director of Residential Rental Property: Learn more about the tribunal here.
• After the hearing, you will receive a decision either approving or denying the landlord’s application.

Tenant Rights and Landlord Rights in Prince Edward Island offers a provincial overview of related rights.

Know Your Next Steps and Options

It’s important to know your rights and responsibilities, including your options if you disagree with the eviction or need extra time to move. Reviewing the obligations of both parties can help, as outlined in Obligations of Landlords and Tenants: Rights and Responsibilities Explained. For current listings as you plan your next home, Explore Houseme for nationwide rental listings.

FAQ: Renovation Evictions in PEI

1. Can I be evicted for minor repairs or cosmetic upgrades?
   No. Eviction for renovations is only permitted if the work is major and requires your unit to be fully vacant. Minor repairs, like painting or appliance upgrades, are not valid reasons.
2. How much notice must my landlord give me?
   If the termination is approved, your landlord must usually give at least 60 days’ written notice before the move-out date.
3. What if I don’t agree with the eviction notice?
   You have the right to attend a hearing and argue your case before the Director. If you win, you can remain in your home.
4. Can I return to my unit after renovations?
   In some cases, you may be given the first opportunity to return. Ask about this during your hearing, as it may be ordered by the Director based on the situation.
5. Do I get compensation for moving out?
   Sometimes. The Director may order the landlord to pay relevant moving expenses, depending on the circumstances.

Summary: What PEI Tenants Should Remember

• Eviction for renovations requires official approval—do not move out until all steps are followed.
• You have the right to dispute an application and attend a hearing.
• Always get written notice and seek support if needed.

Staying informed helps protect your home and your rights as a tenant.

Need Help? Resources for Tenants

• Director of Residential Rental Property (Residential Tenancy Office): Questions, forms, and dispute processes are managed here. PEI Residential Tenancies Office
• PEI Tenant Advocacy: PEI Legal Aid may assist low-income tenants during disputes.
• If you receive an eviction application, read the official notice closely and contact the tenancy office immediately for advice.
• For broader tenant resources, including issues about deposits, rent, or moving, see Tenant Rights and Landlord Rights in Prince Edward Island.

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1. Prince Edward Island Residential Tenancies Act
2. PEI Residential Tenancies Office
3. Official PEI Rental Forms

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