What is included in my right to quiet enjoyment as a tenant?

It covers living in your rental unit without unnecessary disturbances, privacy violations, or unreasonable interference by your landlord or others legally under their control.

What legal steps can I take if my landlord won’t resolve repeated noise problems?

First, notify your landlord in writing. If the issue persists, fill out Form 6 – Application by Tenant for an Order with PEI’s Residential Tenancy Office for a formal resolution.

Can my landlord enter my unit without notice?

Generally, landlords must provide 24 hours’ advance written notice, except in emergencies. Entry without proper notice can violate your right to quiet enjoyment.

Do I have to pay rent if my quiet enjoyment is compromised?

You must continue paying rent. Withholding rent can lead to eviction. Instead, seek a remedy through proper channels using official application forms.

Where can I find more information about my rights as a tenant in Prince Edward Island?

Visit Tenant Rights and Landlord Rights in Prince Edward Island for a detailed guide.

Key Legal Precedents for Quiet Enjoyment in PEI Rentals

Legal Precedents & Case Summaries Prince Edward Island published June 19, 2025

Every tenant deserves to live free from unreasonable disturbance, noise, or interference – a right known as “quiet enjoyment.” In Prince Edward Island, quiet enjoyment is protected by law and has been defined through important legal cases and decisions. Understanding these legal precedents can help you recognize when your rights are being compromised and what steps you can take to resolve problems.

What Does “Quiet Enjoyment” Mean for Tenants in PEI?

In rental law, quiet enjoyment is your right to use your home in reasonable peace, privacy, and comfort. This applies to your own actions, your landlord’s actions, and disturbances caused by others that the landlord fails to address. Quiet enjoyment is guaranteed under the Prince Edward Island Residential Tenancies Act^[1] and applies from the start of your tenancy.

Common Examples of Violations

Landlord enters your home without proper notice or consent
Persistent loud noise from neighbours or common areas
Construction or repairs causing ongoing disruption
Failure to deal with pests, safety hazards, or property damage

Some issues may overlap with Health and Safety Issues Every Tenant Should Know When Renting, which are also protected under the Act.

Important Legal Decisions and Landmark Cases

Legal precedents in PEI help clarify exactly what quiet enjoyment means and how disputes are resolved. Cases at Prince Edward Island’s Residential Tenancy Office (the provincial tribunal for landlord-tenant issues) have upheld tenants' rights to quiet enjoyment in the following situations:

Landlord Interference: Cases confirm a landlord cannot make repeated, unnecessary entries or impose unreasonable restrictions on your use of the premises.
Failure to Address Problems: If you report serious disturbances and your landlord does not act, you may be eligible for compensation or to end your lease early.

Tribunal decisions in PEI reference the PEI Residential Tenancies Act to weigh competing rights and set clear expectations for landlords and tenants.

How PEI Tribunal Cases Influence Your Rights

Tribunal decisions set standards for both landlords and tenants. For example, in disputes about loud renovations, tribunals often look at whether the work was done at reasonable times and with proper notice.

If you’re unsure about your specific rights, reviewing general Tenant Rights and Landlord Rights in Prince Edward Island can be a helpful first step.

What to Do If Your Quiet Enjoyment Is Being Violated

Tenants are encouraged to try and resolve issues directly with their landlord first. Keep a written record of any disturbances or violations. If the issues persist, you can take formal steps:

Write a letter to your landlord explaining how your rights are being violated and request a solution.
If the problem isn’t fixed, you may file an "Application by Tenant for an Order" with the Residential Tenancy Office. This is typically Form 6 – Application by Tenant for an Order.

How to Use Form 6 – Application by Tenant for an Order

When to Use: If your landlord continues to violate your right to quiet enjoyment or fails to address major issues after you’ve notified them in writing.
Where to Find: Access Form 6 on the PEI government website.
How to Use: Complete the form with your details, describe the situation, include evidence (emails, logs, photos), and clearly state what resolution you seek (such as an order for repairs or compensation).

You can submit the form to the Residential Tenancy Office in person, by mail, or via email (details on the form page).

Tip: Put all complaints in writing and keep copies. This documentation can strengthen your case if you need to apply for an order or attend a tribunal hearing.

Your Rights and Responsibilities

While you have the right to quiet enjoyment, tenants are responsible for respecting the rights of neighbours and following all terms of the lease. For a full explanation, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Helpful Resources for Finding and Maintaining Your Next Rental Home

If you’re searching for a new place to live, Find rental homes across Canada on Houseme with tools that prioritize privacy, convenience, and peace of mind.

FAQ: Quiet Enjoyment and Tenant Rights in PEI

What is included in my right to quiet enjoyment as a tenant?
It covers living in your rental unit without unnecessary disturbances, privacy violations, or unreasonable interference by your landlord or others legally under their control.
What legal steps can I take if my landlord won’t resolve repeated noise problems?
First, notify your landlord in writing. If the issue persists, fill out Form 6 – Application by Tenant for an Order with PEI’s Residential Tenancy Office for a formal resolution.
Can my landlord enter my unit without notice?
Generally, landlords must provide 24 hours’ advance written notice, except in emergencies. Entry without proper notice can violate your right to quiet enjoyment.
Do I have to pay rent if my quiet enjoyment is compromised?
You must continue paying rent. Withholding rent can lead to eviction. Instead, seek a remedy through proper channels using official application forms.
Where can I find more information about my rights as a tenant in Prince Edward Island?
Visit Tenant Rights and Landlord Rights in Prince Edward Island for a detailed guide.

Conclusion: Key Takeaways

Your right to quiet enjoyment is protected by law in Prince Edward Island.
Keep records and speak up early if your peace at home is being disturbed.
If informal solutions fail, PEI’s Residential Tenancy Office provides official processes for complaints and compensation.

Understanding your rights and following the correct steps helps ensure a peaceful and fair rental experience.

Need Help? Resources for Tenants

Residential Tenancy Office – Government of PEI: Official forms, tenant complaint process, and guidance.
Tenant and Landlord Forms - Government of PEI: Download official application and complaint forms.
Department of Justice and Public Safety: Legal information for tenants and landlords.
For rights details: Tenant Rights and Landlord Rights in Prince Edward Island