Eviction Laws Every Tenant in Prince Edward Island Should Know

Understanding eviction laws in Prince Edward Island (PEI) is crucial for every renter. Facing eviction can be stressful, but tenants do have rights and options throughout the process. This guide explains when and how landlords can evict tenants, the procedures landlords must follow, and what steps you can take if you receive an eviction notice.

Who Oversees Tenant Evictions in Prince Edward Island?

Evictions and other rental disputes in PEI are handled by the Island Regulatory and Appeals Commission (IRAC) - Residential Rental Property Office. This is the official tribunal responsible for enforcing Prince Edward Island’s Residential Rental Property Act^[1]. Both tenants and landlords must follow the procedures outlined in this law.

Grounds for Eviction: When Can a Tenant Be Asked to Leave?

A landlord may only evict a tenant in PEI for specific legal reasons, such as:

• Not paying rent (non-payment)
• Breach of rental agreement (such as keeping an unauthorized pet, causing significant damage, or repeated late rent)
• The landlord requires the unit for personal use or major renovations
• The rental property is being converted or demolished

Landlords cannot evict tenants in retaliation for asserting their rights, or for discriminatory reasons.

The Eviction Process: Step-by-Step

Strict rules and procedures must be followed for any eviction to be legal in Prince Edward Island. Here’s how the process typically works:

• Notice of Termination: Landlords must give written notice using the official forms. The most common is Form 4: Notice of Termination. The notice period depends on the reason for eviction and can range from 20 days (for non-payment) up to 120 days (for owner’s personal use).
• Service of Notice: Notices must be delivered in the way specified by law (in person, mail, or posting on door).
• Tenant Response: If you disagree with the eviction, you can challenge it by applying to IRAC within ten days of receiving the notice (use Form 6: Application by Lessee).
• Mediation or Hearing: IRAC may schedule a hearing to allow both sides to present evidence.
• Order of Possession: Only IRAC can issue a legal order requiring you to leave. Landlords cannot evict you themselves without this order.

Key Official Forms Used in PEI Evictions

• Form 4: Notice of Termination – Download link
  Used by landlords to start the eviction process. Must state the reason and termination date. For example, if rent wasn’t paid, a landlord would deliver this form giving at least 20 days’ notice.
• Form 6: Application by Lessee – Download link
  Used by tenants to challenge an eviction notice or make a complaint to IRAC. Complete and submit Form 6 within 10 days of receiving the eviction notice if you want to dispute it.

If you maintain your responsibilities, such as paying rent and following the terms of your lease, you have strong protections against eviction in PEI. You can read more about both Obligations of Landlords and Tenants: Rights and Responsibilities Explained to understand these duties.

Eviction for Non-Payment of Rent: What Happens?

If you miss a rent payment, your landlord can issue a Form 4 with 20 days’ notice. However, if you pay the overdue rent (plus any late fees) before this notice period ends, the eviction process usually stops. If you believe the notice was issued by mistake, you can contest it by filing Form 6 with IRAC promptly.

Eviction for Repairs, Owner Move-In, or Demolition

Evictions for major renovations, owner occupation, or demolishing a building require the landlord to provide longer notice—typically at least 120 days. The notice must clearly state the reason and effective date. Tenants have the right to challenge these notices.

Your Rights: Contesting or Delaying an Eviction

Tenants have several rights, including:

• The right to receive proper written notice with reasons and required timeframes
• The right to respond or dispute the eviction by applying to IRAC
• The right to remain in the unit until an IRAC order is issued
• Fair compensation in some situations (e.g., if evicted for required repairs or conversion)

Act quickly if you want to challenge an eviction. Submit your Form 6 to IRAC within 10 days of receiving notice to preserve your rights.

Evictions can also arise from issues like unauthorized subletting or significant rule violations. It's helpful to review What Tenants Need to Know After Signing the Rental Agreement to avoid common mistakes that could lead to a termination notice.

If You Have to Move Out

If the IRAC orders that you must move out, try to leave the property clean and undamaged to avoid deductions from your security deposit. For tips on a smooth transition, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Where to Find More Information

PEI's laws and procedures may differ from other provinces. For a comparison, visit Tenant Rights and Landlord Rights in Prince Edward Island. For actual rentals, you can Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. How much notice is my landlord required to give before eviction in PEI?
   For non-payment of rent, at least 20 days’ notice is needed. For personal use or renovations, the minimum is usually 120 days.
2. Can my landlord physically remove me from the unit?
   No. Only the IRAC can issue an official Order of Possession. Until then, you cannot be forced out.
3. What do I do if I receive an eviction notice I believe is unfair?
   Fill out and submit Form 6 to IRAC within 10 days to dispute the notice and request a hearing.
4. How do I get my security deposit back after an eviction?
   As long as there is no damage and no unpaid rent, your deposit should be returned. If deducted, you can apply to IRAC to dispute.

How To: Respond to an Eviction Notice in PEI

1. Review the notice carefully. Make sure the reason and notice period are correct according to PEI law.
2. Gather your lease and any evidence. Find documents that show you’ve met your obligations.
3. Complete Form 6 – Application by Lessee. Clearly explain why you believe the eviction is not justified.
4. Submit Form 6 to IRAC within 10 days. Deliver it by mail, fax, or in person as directed by IRAC.
5. Prepare for a hearing if scheduled. Be ready to explain your situation and provide evidence.

Key Takeaways

• Eviction must follow PEI’s legal process—no self-eviction by landlords.
• Official forms and proper notice periods are required for every type of eviction.
• Tenants should act quickly to dispute eviction by applying to IRAC within ten days.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) - Rental Property Office: Guides, forms, and contact.
• Community Legal Information PEI: Tenant advice and referrals.
• For additional tenant protections and rules, see Tenant Rights and Landlord Rights in Prince Edward Island.

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1. [1] Prince Edward Island Residential Rental Property Act
2. IRAC Rental Property Office forms and procedures

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