Tenants and renters in Prince Edward Island can face stress when routine repairs lead to accidental damage or loss. This guide explains what to do if a landlord, their workers, or contractors cause damage during repairs, how to document and report incidents, and when to request repairs or compensation. It covers practical steps—preserving evidence, communicating clearly, and using PEI’s tenancy process—so you understand deadlines, required forms, and the tribunal that handles disputes. The language is plain and aimed at renters, with examples of common scenarios and realistic next steps whether you need a quick fix, temporary relocation, or to pursue a formal claim.
What counts as landlord damage during repairs
Damage during repairs can be accidental (e.g., a contractor breaks a window), negligent (a worker leaves water damage), or related to improper temporary fixes that cause further loss. Damage may include physical harm to possessions, structural issues, or loss of habitability that interferes with your use of the unit. If the work was arranged by the landlord or authorized by them, the landlord is usually responsible for preventing and fixing damage.
Documenting damage and building evidence
Strong, dated evidence is the core of any claim. Focus on accurate records, clear photos, and timely communication.
- Take dated photos and videos of affected areas and damaged items immediately after the incident.
- Keep written records of conversations, including names, dates, and what was said.
- Note the time and date of entry, repair work, and any notices provided by the landlord or contractors.
- Retain receipts for repairs you pay for, temporary accommodation, or replacement items you buy because of the damage.
- Save copies of written notices, emails, texts, and any work orders or invoices from contractors.
Communicate with the landlord
Tell the landlord about the damage in writing and request prompt repairs or compensation. State the problem clearly, attach photos or a list of damaged items, and indicate reasonable deadlines for a fix. If the repair affects habitability, explain the impact (e.g., no heat, water damage) and whether you need temporary accommodation.
When to use PEI’s tenancy process and required forms
If the landlord does not address the damage or refuses reasonable compensation, you can apply to the provincial tribunal that handles residential tenancy disputes. Name: Residential Tenancies Board.[1] The governing legislation is the Residential Tenancies Act for Prince Edward Island.[2] Typical forms include the Board application form to start a claim and any specific evidence or payment claim forms listed by the Board.[3]
Example: if a contractor hired by your landlord sprayed water into your storage closet and ruined furniture, first document and send a written request for compensation. If the landlord refuses, complete the Board's application and attach photos, receipts, and a summary of communications.
Practical timeline and deadlines
Deadlines vary by case type. Act quickly: document within hours, send written notice within days, and prepare your application if the landlord does not respond within a reasonable time. Missing a filing deadline can limit your options, so check the Board's guidance when you prepare your paperwork.[1]
Repairs, temporary relocation and compensation
If damage makes the unit unsafe or uninhabitable, request temporary housing or a rent reduction while repairs are done. If you pay for emergency repairs to prevent further loss, keep all receipts and ask the landlord for reimbursement in writing. When relocation is needed, document costs and request compensation or a rent adjustment through the Board.
How repairs are assessed
The Board or tribunal will look at the landlord’s responsibility, the quality of the repair work, whether the tenant reasonably mitigated loss, and the evidence you submit. Independent repair estimates or repair invoices help establish the cost of replacement or remediation.
Where to get extra help
For questions about tenant rights, forms, or representation, you can contact community legal clinics, tenant advisory services, or the Residential Tenancies Board listed below. For information about routine repairs and emergency responsibilities, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities and Emergency Situations and Repairs: Tenant Rights and Responsibilities. If you need temporary housing while repairs happen, consider searching rental listings: Find rental homes across Canada on Houseme.
FAQ
- Who is responsible if a contractor hired by the landlord causes damage?
- The landlord is generally responsible for damage caused by contractors they hire; document the damage and contact the landlord in writing first.
- Can I withhold rent if repairs cause damage?
- Withholding rent is risky and can lead to eviction; instead, document the issue and apply to the Residential Tenancies Board for compensation or a rent reduction.
- What evidence should I submit to the Board?
- Submit dated photos, videos, receipts, written communications with the landlord, repair estimates, and a clear timeline of events.
- How long does a Board decision usually take?
- Times vary by caseload; the Board will provide scheduling and hearing information when you file. Bring organized evidence to avoid delays.
How-To
- Gather evidence: take photos, save receipts, and write a timeline of events.
- Contact the landlord in writing, attach evidence, and request repairs or compensation within a reasonable deadline.
- If the landlord does not resolve the issue, complete and file the Residential Tenancies Board application with your evidence.[1]
- Attend any hearing or mediation, present your evidence clearly, and follow the Board’s directions for enforcement if you receive an order.
Key Takeaways
- Document damage immediately with dated photos and records.
- Communicate in writing and keep copies of all messages and receipts.
- Use the Residential Tenancies Board when direct negotiation fails.
Help and Support / Resources
- Residential Tenancies Board, Government of Prince Edward Island
- Residential Tenancies Act (Prince Edward Island)
- Residential Tenancies Board forms and guides
