How to Appeal an Eviction Order in Prince Edward Island

Leases & Agreements Prince Edward Island published: June 13, 2025 Flag of Prince Edward Island

If you’re a tenant in Prince Edward Island facing an eviction order, you still have options to protect your home. The appeal process lets you formally ask for a second review of an eviction decision made by the Island Regulatory and Appeals Commission (IRAC). This guide explains how to appeal, what forms and deadlines are involved, and practical steps for staying in your rental during this difficult time. The information here is tailored to PEI’s current residential tenancy law and is designed to empower tenants to respond proactively.

Understanding Eviction Orders in PEI

Eviction can feel overwhelming. On Prince Edward Island, most eviction disputes between tenants and landlords are handled by the Residential Rental Property Division of the Island Regulatory and Appeals Commission (IRAC). After a hearing, the commissioner may issue an "Order of Possession" requiring you to move out by a set date.

Eviction orders can be appealed, but the process is time-sensitive. Not all disputes are eligible, and there are strict timelines for filing an appeal.

Can You Appeal an Eviction Order?

Tenants can appeal most eviction decisions made by IRAC, as outlined in the Rental of Residential Property Act (PEI)[1]. Common reasons for appealing include misunderstandings, new evidence, or concerns about the fairness of the decision.

  • The appeal must relate to a formal order — not just a landlord notice.
  • If you signed a mutual agreement with your landlord to end the tenancy, appeal options may be limited.

Before filing, it's wise to review your rights and responsibilities. See Tenant Rights and Landlord Rights in Prince Edward Island for key information.

How to Appeal an Eviction Order in PEI: Step-by-Step

Act quickly: You have only 20 days from the date the eviction order is issued to file an appeal.

Keep a copy of all forms and correspondence. Meeting deadlines is critical to preserve your right to appeal.

Step 1: Obtain and Complete the Right Appeal Form

  • Form: Notice of Appeal (Form 10)
  • Where to get it: Download directly from IRAC’s official rental forms page
  • How to use: This form is used when you disagree with an order made by a rental property officer (including an eviction). For example, if you believe the eviction order was unfair or evidence was overlooked.

Step 2: File Your Appeal

  • File within: 20 days of the Order of Possession date.
  • How to file: Submit the Notice of Appeal (Form 10) to IRAC by mail, in person, or by email (see contact info here).
  • Fee: As of 2024, the appeal filing fee is $25. Include payment with your form.

Step 3: Attend the Appeal Hearing

  • IRAC will notify you and your landlord about the hearing date.
  • Prepare by gathering documents, photos, or witnesses supporting your side.
  • You may present your case, with or without legal representation.
  • After the hearing, IRAC will issue a final written decision.

Appealing does not automatically stop the eviction. If you want to stay in the property until the appeal is decided, ask IRAC for a temporary “stay” of the order as soon as possible.

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What Happens After You File an Appeal?

After a successful submission, the eviction order is reviewed. In some cases, tenants can remain in the unit until the appeal decision. If you lose the appeal, you must move by the date in the new order. If the appeal succeeds, the eviction is cancelled or changed. Always wait for official instructions before moving out.

Tips for Tenants Appealing an Eviction

Throughout this process, remember the importance of clear communication with your landlord and keeping records. If you need to start looking for a new place, Find rental homes across Canada on Houseme to make the transition easier.

  1. What is the deadline to appeal an eviction in PEI?
    The Notice of Appeal (Form 10) must be filed within 20 days of the date the eviction order is issued by IRAC.
  2. Does appealing stop the eviction process?
    No, filing an appeal does not automatically stop the eviction. To remain in your rental during the appeal, request a “stay” from IRAC.
  3. What happens if I lose my appeal?
    If your appeal is unsuccessful, you will need to move out by the date in the appeal decision. Ignoring an order can result in legal consequences.
  4. Is there a fee to file an appeal?
    Yes, as of 2024, the appeal filing fee is $25. This should accompany your Notice of Appeal.
  5. Where can I get help with the appeal process?
    You may contact IRAC’s Residential Rental Property Division or PEI Community Legal Information for guidance.

Key Takeaways for PEI Tenants:

  • Appealing an eviction order must be done within 20 days—complete the correct form and provide strong supporting evidence.
  • Filing an appeal does not stop the eviction unless IRAC grants a “stay.”
  • Always review your rights and consider seeking help if you have trouble understanding your situation or the paperwork involved.

Need Help? Resources for Tenants

  1. Rental of Residential Property Act (PEI)
  2. Island Regulatory and Appeals Commission (IRAC) - Rental Questions
  3. IRAC Rental Forms
  4. PEI Community Legal Information

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Canada

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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