Landlord Surveillance in PEI: Tenant Rights and Next Steps

In Prince Edward Island, privacy is a fundamental right for all tenants. With new technology making surveillance equipment more accessible, it's important to understand what your landlord can (and cannot) install in or around your rental unit. If your landlord is considering, or has already installed cameras, audio recorders, smart doorbells, or similar surveillance tech, you have legal protections under PEI law.

Understanding Your Privacy Rights as a Tenant

Tenants in PEI are protected by the Landlord and Tenant Act (PEI), which sets out both landlord and tenant obligations. This act ensures your right to reasonable privacy and outlines the conditions under which a landlord is permitted to enter or monitor the rented premises.^[1] For a summary of your rights and responsibilities, see Tenant Rights and Landlord Rights in Prince Edward Island.

Can Landlords Install Cameras or Surveillance Equipment?

Your landlord may install cameras in common areas (like parking lots or building entrances) to address security or safety, provided these cameras do not invade personal privacy. However, surveillance devices inside your private unit, or aimed at your windows or balcony, are generally not allowed without your clear, written consent.

• Cameras should not be placed in areas where you expect privacy (such as inside your home, bedrooms, or bathrooms).
• Audio recording is much more restrictive—a landlord requires extremely strong justification and tenant consent.
• Landlords must inform tenants if surveillance devices are operating in shared spaces.

Your Landlord’s Legal Obligations

Under the PEI Landlord and Tenant Act, landlords must:

• Respect your privacy and make only lawful entries into your premises (usually with 24 hours’ written notice, except in emergencies)
• Notify you about the installation of surveillance equipment in common areas
• Refrain from monitoring or recording you inside your rental unit without your explicit agreement

This means that, unless you have agreed in writing, your landlord cannot place cameras inside your suite or direct them toward private spaces.

When Surveillance Becomes a Health and Safety Issue

Constant or intrusive monitoring can affect your sense of safety and well-being at home. If you feel anxious about surveillance or believe that hidden cameras or audio devices have been installed, this could amount to a breach of your rights. For broader concerns about the safety of your rental home, read Health and Safety Issues Every Tenant Should Know When Renting.

What To Do If Surveillance Is Installed Improperly

Here’s a quick summary of the steps you should take if you believe your landlord is installing surveillance tech in a way that violates your privacy:

• Document Everything: Take photos and make notes of any new devices or changes in common areas and in your unit.
• Communicate: Write to your landlord and request written details about any surveillance equipment. Keep all correspondence.
• Know Your Rights: Review your lease agreement to check for any mention of surveillance, and refer to the Landlord and Tenant Act (PEI) for your legal protections.
• Get Help: If the situation isn’t resolved quickly, you may apply to the Island Regulatory and Appeals Commission (IRAC), which manages PEI’s residential tenancy disputes.

Filing a Privacy Complaint: Forms and Process

On PEI, any application regarding a breach of the landlord’s obligations (such as improper surveillance) should be made to IRAC. Here’s how:

• Form 2: Application by Tenant
  Use Form 2 – Application by Tenant to make a formal complaint or request a hearing if you believe your privacy rights have been violated. This form is used to outline the issue and request a remedy, such as removal of surveillance devices.
• Process: Complete the form with full details, including evidence (photos, copies of your communications, etc.). Submit it to IRAC by mail, fax, or in person. There is currently no fee for tenants to file most applications, but always check the latest information on the official IRAC website.

Practical example: You discover a new camera pointing at your apartment doorway. You email the landlord asking why, but get no reply. After documenting the camera and your emails, you fill out Form 2 and submit it to IRAC to formally address the privacy issue.

To learn more about the post-lease obligations of landlords and tenants, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

FAQ: Surveillance and Privacy in PEI Rentals

1. Can my landlord put cameras in hallways or shared entrances?
   Cameras in common areas are legal if used for security and not positioned to monitor your private space. The landlord must let tenants know about such surveillance.
2. Is it legal for my landlord to record sound in shared or private spaces?
   Audio recording is highly restricted. Generally, your landlord cannot install audio recorders without your written consent.
3. What should I do if I believe there’s a hidden camera in my home?
   Document your concerns, contact your landlord in writing, and, if unresolved, submit Form 2 to IRAC for dispute resolution.
4. Can my landlord install a smart doorbell with a camera at my unit?
   Smart doorbells may be permissible outside your private entrance if used only for building security and not aimed inside your home.
5. Where can I find apartments or homes in PEI with better privacy features?
   Find rental homes across Canada on Houseme for privacy-conscious listings and advanced filtering options.

Conclusion: Key Takeaways for PEI Tenants

• Your landlord cannot place cameras or audio recorders in your private space without permission.
• Surveillance in shared areas must be announced and must not intrude on personal privacy.
• If your rights are breached, gather evidence and apply to IRAC using Form 2.

Being proactive protects both your privacy and your right to a safe, comfortable home.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) – Residential Tenancy Section: Handles tenant-landlord disputes and privacy complaints.
• PEI Government – Rental Property Information: Guides, FAQs, and forms for tenants.
• Legal advice or advocacy: Contact PEI Tenants’ Association for additional support.
• For full details on local tenant rights, see Tenant Rights and Landlord Rights in Prince Edward Island.

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1. Landlord and Tenant Act (PEI) – Full Legislation
2. Island Regulatory and Appeals Commission (IRAC) – Residential Tenancy Disputes
3. Official IRAC Rental Application and Forms

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