Illegal Entry Laws: Tenant Rights & Landlord Penalties in PEI

Living in a rental property means enjoying the right to reasonable privacy and peaceful enjoyment of your home. In Prince Edward Island, clear rules define when and how landlords may enter a tenant’s unit, with strict penalties for illegal entry. This guide breaks down your rights as a tenant in PEI, explains what counts as illegal entry, and covers how to respond if your privacy is violated by your landlord.

When Can a Landlord Legally Enter Your Rental in PEI?

In Prince Edward Island, your right to privacy is protected under the Rental of Residential Property Act.^[1] Landlords are generally not allowed to enter your home unless one of the following legal conditions applies:

• You provide consent for a specific entry
• There is an emergency (e.g., fire, burst pipe)
• The landlord gives at least 24 hours written notice for a valid reason — like repairs, showings, or inspections

All entries (except emergencies) must be between 8:00 AM and 8:00 PM. Landlords cannot enter on Sundays or statutory holidays unless you agree.

What Counts as Illegal Entry?

Illegal entry is when your landlord enters your rental home without following any of the legal conditions above. Some examples:

• Entering your unit without notice or your consent (not an emergency)
• Entering at night or on a holiday without permission
• Repeatedly showing up for inspections not agreed to by you

Illegal entry is considered a breach of your right to privacy and can lead to formal penalties.

Penalties for Landlords: What Happens If They Enter Illegally?

In PEI, the Director of Residential Rental Property (Rental Office) oversees tenancy disputes. If a landlord is found to have entered illegally:

• The Rental Office may order the landlord to stop the behaviour
• Landlords may be required to compensate you (financially or otherwise)
• Repeat or serious violations could affect the landlord’s ability to evict you or raise rent

Document all incidents of illegal entry, including dates, times, and any witnesses. This is crucial if you decide to file a complaint.

How to Respond: Filing a Complaint About Illegal Entry

If you believe your landlord entered illegally, take these steps to protect your rights:

• Communicate in writing: Let your landlord know you’re aware of your rights and remind them of the entry rules
• Document everything: Keep notes, emails, and any related evidence
• File an application: Submit a formal complaint to the Rental Office using the correct form

Official Forms for Tenants

You can submit a Form 2 – Application by Lessee through the PEI Rental Office. Use this form to report your landlord’s illegal entry and request an order to stop or compensation.

• Form 2 – Application by Lessee (PDF)

How to use it: For example, if your landlord let themselves in three times without notice, you can fill out Form 2 detailing those incidents and attach supporting documentation. Submit it to the Rental Office (online, by mail, or in person).

Know Your Rights and Responsibilities

Both tenants and landlords have rights and duties under PEI law. Want a full overview? Read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For broader questions about PEI tenancy law, see Tenant Rights and Landlord Rights in Prince Edward Island.

Related Issues: Repairs and Safety

Sometimes, legitimate entry is needed for Routine Repairs in Rental Units: Tenant and Landlord Responsibilities or maintenance. In these cases, notice rules still apply, except in emergencies. If health or safety concerns are the reason, your landlord must communicate clearly and respect your privacy.

For tenants looking for a new home or considering moving, Find rental homes across Canada on Houseme for safe and easy searching.

FAQs: Tenant Rights on Illegal Entry in PEI

1. Can my landlord enter without notice for repairs?
   No, not unless it’s an emergency. For regular repairs, your landlord must give you at least 24 hours’ written notice.
2. What can I do if my landlord keeps entering without permission?
   Document every incident and send a written reminder of the rules. If it continues, submit Form 2 to the PEI Rental Office for an official review.
3. Are there exceptions if I verbally agree to entry?
   Yes. If you give direct permission, the landlord does not need to provide 24 hours’ notice for that occasion.
4. Can the landlord enter for showings if I plan to move out?
   Yes, but only with at least 24 hours’ written notice and during the permitted hours. Your privacy and reasonable enjoyment must still be respected.
5. What kind of evidence should I keep in case of a dispute?
   Keep a log of all dates and times, copies of emails or texts, and details of any witnesses. This will help your case at the Rental Office.

Conclusion: Key Takeaways for Tenants

• You have the right to privacy and must receive proper notice (except in emergencies).
• Illegal entry by landlords can lead to official penalties and compensation orders.
• Keep good records and use official forms if your rights are not respected.

Being informed is your best protection. The PEI Rental Office offers helpful services for tenant questions or disputes.

Need Help? Resources for Tenants

• PEI Rental Office – Director of Residential Rental Property
• Rental of Residential Property Act (official legislation)
• Phone: 902-368-4765 | Email: rentalinquiries@gov.pe.ca
• For advocacy support: Tenant organizations may offer help with forms or complaints

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1. Rental of Residential Property Act, RSPEI 1988, c R-13
2. Rental Office – Director of Residential Rental Property, Government of PEI

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