Key Pet Tenancy Dispute Cases in Prince Edward Island

Pet ownership is a common topic in rental housing, and for tenants in Prince Edward Island, understanding the legal landscape around pets is essential. Disputes can arise over pet bans, disturbances, or damages. This article explores how tribunals have handled pet-related tenancy disputes in PEI, offering practical guidance for tenants facing similar challenges.

Understanding Pet Policies in Prince Edward Island Rentals

In Prince Edward Island, landlords are allowed to set pet policies. This means they can choose to allow or prohibit pets in a rental unit, as long as it is written clearly in the rental agreement. If the tenancy agreement says no pets, bringing in a pet without permission could be grounds for eviction. However, any such action must comply with the Rental of Residential Property Act^[1].

Key Legal Precedents: How PEI Courts and Boards Decide Pet Disputes

Several important PEI rulings have clarified the process when disagreements about pets come up:

• Enforcing No-Pet Clauses: In cases where a "no pets" policy was clearly written into the lease, the Island Regulatory and Appeals Commission (IRAC) has supported landlords' rights to enforce these clauses, including issuing eviction orders where a tenant brought a pet in against the agreement.
• Exception for Service Animals: Under the Rental of Residential Property Act, a ban on pets cannot be applied in a way that discriminates against someone who needs a service animal. IRAC decisions have repeatedly emphasized that denying a service animal could violate provincial and federal human rights law.
• Alleged Pet-Related Damage or Disturbance: Landlords must provide clear evidence if they claim a pet caused property damage or disturbances. IRAC rulings stress the importance of documentation—photos, vet records, or neighbour complaints—to support any claim.
  Ad

These cases highlight that both landlords and tenants have responsibilities. If you face a dispute, reading the terms of your lease is the first step toward resolution. For more on the division of rights and duties in PEI, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Filing a Pet-Related Tenancy Application with IRAC

If you believe your landlord is unfairly enforcing a no-pet policy or has threatened eviction because of a pet, you can apply to IRAC’s Residential Property Division. Common situations include:

• Your landlord tries to evict you over an alleged breach of a no-pet clause.
• A dispute over alleged property damage or allergies relating to pets.
• An argument about your need for a service animal.

IRAC handles all official tenancy complaints and disputes in PEI. Learn more or start an application at the IRAC Residential Tenancy page.^[2]

Relevant Forms for Tenants

• Form 2 – Application by Tenant
  Used for any tenancy dispute, including pet-related issues. File this form with IRAC to request an official hearing. Download or file online: IRAC Form 2.
  Example: If your landlord threatens eviction due to your pet and you believe the lease allows pets (or need the animal for medical reasons), submit this form to present your case.
• Form 7 – Application for Review
  If you disagree with an IRAC decision, you may file this form to request a review of the decision. Download or learn more at IRAC Form 7.
  Example: If you feel the tribunal misunderstood facts about your pet or medical documentation, this is your path to appeal.

For guidance on life after signing a rental agreement, including understanding new rules and policies, visit What Tenants Need to Know After Signing the Rental Agreement.

Tips and Tenant Takeaways from Recent Cases

• Always check your lease for pet policies.
• Gather evidence: photos, vet records, and written neighbour feedback can help your case.
• Service animals are protected—discrimination is not allowed.
• If problems arise, follow proper channels and use IRAC forms to state your case.

To understand the wider legal landscape of renting in PEI, see Tenant Rights and Landlord Rights in Prince Edward Island.

Frequently Asked Questions

1. Can my landlord evict me for having a pet in PEI?
   If your lease has a clear no-pet clause, bringing in a pet may be grounds for eviction, unless your pet is a recognized service animal. If you believe the clause is unfair or have a medical need for the animal, you can apply to IRAC.
2. What do I do if my landlord claims my pet caused damage?
   Your landlord must provide proof (e.g., photos, invoices). Gather your own evidence and be prepared to dispute unfair charges at an IRAC hearing.
3. Are there exceptions for service animals?
   Yes. Human rights law protects your right to have a certified service animal, even in no-pet buildings, provided you can provide the necessary documentation.
4. What steps should I take if I get a notice to remove my pet?
   Read your lease, discuss directly with your landlord, and if unresolved, file Form 2 with IRAC to request a hearing before taking any action.
5. Where can I search for pet-friendly rentals in PEI?
   You can search pet-friendly rentals on Houseme.ca and filter results by pet policy.

Key Takeaways for Tenants

Remember these essentials:

• Leases often control pet policy—read yours carefully.
• Human rights laws protect service animal access.
• IRAC handles tenancy disputes—use their forms and process if conflict arises.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) – Residential Tenancy: Official board for tenancy disputes, applications, and forms.
• PEI Human Rights Commission: For discrimination, including service animal issues.
• Legal Information PEI: Free information for tenants (not legal advice).
• Search pet-friendly rentals on Houseme.ca

---

1. Rental of Residential Property Act (PEI)
2. Island Regulatory and Appeals Commission – Residential Tenancy

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