How to Fight a Renoviction as a Tenant in PEI

Renoviction—when a landlord evicts tenants to renovate a rental unit—can be confusing and stressful for renters in Prince Edward Island (PEI). Knowing your rights and the steps to fight a renoviction notice helps protect your home and ensures you're treated fairly under PEI law.

Understanding Renoviction in Prince Edward Island

In PEI, "renoviction" refers to a landlord providing a legal notice to end a tenancy because they plan extensive renovations or repairs that cannot be done safely or practically while you live in the unit. However, landlords must follow strict rules under the Rental of Residential Property Act^[1]. Not all repairs or upgrades qualify. You have rights and options if you receive such a notice.

Who Handles Tenant Disputes in PEI?

The Director of Residential Rental Property is the official body responsible for handling residential tenancy disputes and applications in PEI.

What Are Your Rights If Facing a Renoviction?

• Your landlord must give at least two months' written notice before terminating the tenancy for renovations, except in special circumstances.
• Renovations must be so significant that they cannot be carried out safely while you live in the unit. Cosmetic or minor repairs are not valid grounds to evict you.
• If you disagree with the notice, you have the right to challenge it through the proper process.
• Tenants in PEI may be entitled to compensation if the landlord doesn't comply with the rules.
• It's important to understand Tenant Rights and Landlord Rights in Prince Edward Island.

Often, disputes arise around the type, scope, and necessity of renovations. Clear documentation and timely response are key to protecting your rights.

How Do You Fight a Renoviction Notice?

Here's an overview of what to do if you receive a renoviction notice in PEI:

• Read the notice carefully to ensure it states the exact reason, provides sufficient notice, and indicates what work the landlord plans to do.
• Gather evidence, such as photos of your unit, communications with your landlord, or any written statements about the renovations.
• If you believe the notice is not valid, you must apply to dispute it within 10 days from the date you receive it.
• Applications are handled by the Director of Residential Rental Property via the PEI government.

Relevant Forms: Application by Lessee to Set Aside Notice of Termination (Form 6)

• Name: Form 6 – Application by Lessee to Set Aside Notice of Termination
• When to use: If you want to challenge your landlord's notice of termination for renovations or repairs.
• How to use: Fill in the form stating your reasons for disputing the renoviction (e.g., work can be done with you in the unit). Submit it to the Director within 10 days of receiving the notice. Attach any supporting evidence.
• Official link: Download Form 6 from the PEI Government site

Applicants may need to pay a filing fee—check the current rules from the PEI Government website for details.

What Happens After You File?

The Director will review your application. There may be a hearing (in person, online, or phone). You should present all relevant evidence and explain your reasons for opposing the renoviction. A decision will be issued after considering both you and your landlord's submissions.

Certain landlord and tenant responsibilities continue during disputes. For more on your obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Possible Outcomes

• The renoviction is set aside and you stay in your home.
• The renoviction is upheld, and you'll need to move by the date in the decision.
• In some cases, you may be entitled to compensation if the landlord does not follow the law.

If your renoviction is set aside, your tenancy continues as normal. If it is upheld, consider Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Additional Tips and Notes

• Keep records of all notices and communications.
• Ask for clarification if any part of a notice is unclear.
• Do not move out before you have received an official decision, unless you choose to do so.

For Canadians moving or looking for alternative accommodations, you can Find rental homes across Canada on Houseme.

FAQ: Renovictions in PEI

1. Can my landlord evict me just to renovate my unit?
   Landlords can issue a notice to terminate so long as renovations make it impossible for you to remain safely. Cosmetic or minor updates are not valid reasons for renoviction.
2. How much notice does my landlord need to give for a renoviction?
   At least two months' written notice is required in most cases. Check your notice for the exact dates and ensure it meets the requirements under PEI law.
3. What can I do if I receive a questionable renoviction notice?
   File Form 6 (Application by Lessee to Set Aside Notice of Termination) within 10 days. This starts the dispute process with the Director of Residential Rental Property.
4. Am I entitled to compensation if I am renovicted?
   Generally, PEI legislation does not guarantee compensation. However, if the landlord fails to follow legal steps or ends up not conducting the renovation, you may have a claim.
5. Who can help me if I'm unsure about my renoviction notice?
   Contact the Director of Residential Rental Property or local tenant advocacy organizations for advice before taking any steps.

Need Help? Resources for Tenants

• PEI Rental Office (Director of Residential Rental Property): Guidance, forms, and dispute resolution.
• Rental Properties Information (PEI government): Rights, responsibilities, and legislation.
• Tenant Assistance in PEI: Live help and advocacy contacts.
• Tenant Rights and Landlord Rights in Prince Edward Island

---

1. Rental of Residential Property Act (PEI)
2. Official PEI Rental Properties Information
3. Rental Disputes & Forms (PEI Government)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy