Landlord-Compliance Orders in PEI: Real Tenant Case Studies

When renting in Prince Edward Island, tenants rely on landlords to follow the rules set out by provincial law. Sometimes, though, landlords fail in their duties—such as not making necessary repairs, returning deposits, or respecting tenant rights. In these cases, the Island Regulatory and Appeals Commission (IRAC) can issue landlord-compliance orders. Understanding what these orders look like—and how tenants like you have successfully used them—can empower you to protect your own rights.

Understanding Landlord-Compliance Orders in PEI

In Prince Edward Island, the Rental of Residential Property Act provides tenants and landlords with a legal framework. If a landlord does not meet their obligations—such as performing repairs, addressing health or safety concerns, or returning security deposits—a tenant can apply for an order to compel the landlord to comply.

Who Handles Disputes?

Disputes about landlord compliance, repairs, deposits, or notices are handled by the Island Regulatory and Appeals Commission (IRAC) – Rental Office. Tenants can submit an Application for Enforcement of Act or Order to resolve their issues.

Case Study 1: Repair and Maintenance Issues

A Charlottetown tenant reported persistent leaks and broken heating, which the landlord failed to repair. Despite repeated requests, the problems continued—affecting the tenant’s health and safety.

• The tenant documented emails and phone calls requesting repairs.
• They filed an Application to the Rental Office for a Landlord Compliance Order.
• IRAC reviewed the case and ordered the landlord to complete all repairs within a set time period.

For more on what repairs fall under landlord responsibility, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Case Study 2: Deposit Not Returned

Another common issue is landlords withholding security deposits without valid reasons. For example, a Summerside tenant moved out after cleaning the unit and attending the final inspection. However, the landlord did not return the deposit, claiming minor wear and tear was "damage." The tenant:

• Submitted evidence (photos, inspection report) to the Rental Office
• Filed Form 6: Application to the Director
• Received an order for the full return of the deposit with interest

To understand your deposit rights, check out Understanding Rental Deposits: What Tenants Need to Know.

Case Study 3: Health and Safety Concerns

Some tenants have faced issues like pests, unsafe wiring, or mold. In one instance, a tenant reported recurring mold that was making their child sick. After gathering medical notes and correspondence, the tenant:

• Contacted PEI’s Environmental Health for inspection
• Filed a landlord compliance application along with their health evidence
• IRAC ordered professional remediation and follow-up inspections

If you’re facing similar issues, review Health and Safety Issues Every Tenant Should Know When Renting.

For more general understanding of your legal rights as a tenant in this province, visit Tenant Rights and Landlord Rights in Prince Edward Island.

How to Apply for a Landlord-Compliance Order

Here are the typical steps for a tenant to request IRAC’s help:

• Attempt to resolve directly with your landlord: Put requests in writing and keep copies.
• Gather evidence: Take photos, keep receipts, and save all communications.
• Use official IRAC forms: In most cases, submit Form 6: Application to the Director. Download the form here.
• Provide supporting documentation (inspection reports, written requests, etc.).
• Attend your hearing: IRAC may set a date for both sides to be heard.
• Receive an order: If the landlord is found non-compliant, IRAC will issue a binding order.

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FAQ: Landlord-Compliance Orders in Prince Edward Island

1. What is a landlord-compliance order?
   A landlord-compliance order is a decision from IRAC requiring your landlord to correct a violation—such as making repairs or returning your deposit.
2. What should I submit as evidence?
   Provide photos, written requests, inspection reports, and any other documents showing your landlord’s non-compliance.
3. What happens if my landlord ignores the order?
   If your landlord fails to comply, you can notify IRAC. The order is legally enforceable and may result in penalties or further legal action.
4. Can I get my deposit back with interest after winning my case?
   Yes. If IRAC rules in your favour regarding deposits, the landlord must return the deposit with applicable interest.
5. Where do I find official PEI tenancy forms?
   All forms are available from the IRAC Rental Forms page.

Key Takeaways for PEI Tenants

• You have the right to safe, well-maintained housing, and timely return of your deposit.
• Document all issues and communication—it’s essential for your case.
• IRAC helps enforce your rights through landlord-compliance orders if needed.

Learning from real PEI cases can help you stand up for your own rights and know what steps to take when issues arise.

Need Help? Resources for Tenants

• PEI IRAC Rental Office – Inquiries, complaint forms, hearing dates, and official guides
• PEI Government – Tenants and Landlords – Guidance on rights, forms, and common issues
• Community Legal Information PEI: Tenant resources for support, information, and advocacy

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1. Rental of Residential Property Act (PEI)
2. IRAC – Rental Office Official Forms
3. IRAC – Rental Office

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