Landlord Violations and Penalties in Prince Edward Island

Landlords in Prince Edward Island (PEI) must follow strict rules under provincial law. As a tenant, understanding common landlord violations and potential penalties helps you defend your rights, address unsafe living conditions, and ensure fair treatment. This guide breaks down the most frequent mistakes landlords make, what penalties they can face, and how tenants can respond if their rights are ignored in PEI.

Which Laws and Tribunal Govern Landlord Duties in PEI?

Rental housing in Prince Edward Island is regulated by the Rental of Residential Property Act. The Rental Office (also known as the Office of the Director of Residential Rental Property) is the main decision-maker for landlord-tenant issues. Learn more on the Rental Office official website.

Common Landlord Violations in Prince Edward Island

Many issues between landlords and tenants result from a few typical violations. Here are the most common types:

• Unlawful Entry: Landlords must provide 24 hours written notice before entering your unit, except in emergencies.
• Failing to Maintain Health and Safety: Rental units must be kept in a good state of repair and comply with health, safety, and housing standards.
• Improper Handling of Security Deposits: Deposits must not exceed one month's rent and must be returned with interest unless there is valid damage or rent owing.
• Illegal Rent Increases: Landlords can only increase rent once every 12 months, and only by the percentage allowed by PEI's annual rent increase guideline.
• Withholding Essential Services: Turning off heat, water, or electricity as punishment or pressure on tenants is illegal.
• Improper Notices for Terminating Tenancy: Notices must be on the correct forms and meet required notice periods under the law.

These violations have significant legal consequences. For an overview of rights and obligations in PEI, see Tenant Rights and Landlord Rights in Prince Edward Island.

Health and Safety Maintenance Failures

If your landlord ignores repairs affecting health or safety—like broken heating, dangerous mold, pest infestations, or faulty smoke detectors—they are breaking the law. You can:

• Request repairs in writing
• Contact local inspectors or file a complaint with the Rental Office

For more details on what constitutes a safe rental, see Health and Safety Issues Every Tenant Should Know When Renting.

Deposit and Rent Violations

Landlords often make errors with deposits or rent rules, such as asking for more than allowed or failing to return your deposit on time. For a full explanation of your deposit rights, visit Understanding Rental Deposits: What Tenants Need to Know.

What Are the Penalties for Landlords Who Break the Rules?

Landlords found in breach of the Rental of Residential Property Act may face:

• Financial Penalties: Fines or orders to return money (e.g., illegal fees, withheld deposits, unauthorized rent increases, or compensation for loss/damage).
• Orders to Remedy Violations: The Rental Office can require landlords to complete repairs, restore services, or change their procedures.
• Loss of Legal Rights: Failure to use correct forms or notice periods may invalidate an eviction, rent increase, or other actions.

All penalties are imposed by the Rental Office following an official hearing or mediation.

Official Forms: Reporting and Addressing Landlord Violations

If your landlord violates your rights, you may need to submit forms to the Rental Office. Here are the most common:

• Form 2: Application by Tenant
  Download Form 2
  Use this to apply for orders regarding rent, repairs, deposit return, or other landlord infractions. Example: A tenant files Form 2 to have their security deposit returned with interest after moving out.
• Form 6: Application for Hearing
  Download Form 6
  Request a hearing with the Director if you disagree with a landlord’s decision or need enforcement. Example: Use Form 6 if the landlord fails to complete a repair after a director’s order.
• Form 4: Notice of Termination
  Download Form 4
  Used if you need to end your tenancy for cause due to landlord violations.

Each form has instructions on the last page. After you fill the form, deliver it to the Rental Office in person, by mail, or electronically as specified in the instructions.

What Should Tenants Do If Their Landlord Breaks the Law?

Taking action can help you protect your rights and living conditions. Follow these steps if facing landlord violations in PEI:

• Keep records of all communications, notices, and problems.
• Send requests for repairs or rule changes in writing.
• If issues persist, submit the proper complaint form to the Rental Office.
• Attend hearings and present evidence, such as photos, emails, or witnesses.

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Frequently Asked Questions

1. What should I do if my landlord enters my unit without permission?
   If it’s not an emergency, document the incident, remind your landlord they must give 24-hours written notice, and if problems continue, file Form 2 with the Rental Office.
2. How much can my landlord increase my rent in PEI?
   Landlords can only increase rent once every 12 months and by no more than the guideline set by the Director each year. Increases outside this rule can be challenged at the Rental Office.
3. Can my landlord keep my damage deposit?
   The landlord can only keep your deposit for unpaid rent, damage beyond normal wear and tear, or if proper notice wasn't given. Disputes go to the Rental Office using Form 2.
4. How do I report safety or repair issues?
   Report in writing to your landlord first. If nothing happens, file Form 2 with the Rental Office and consider involving local inspectors for urgent health matters.
5. Where can I learn more about tenant and landlord rights in PEI?
   See Tenant Rights and Landlord Rights in Prince Edward Island for a full overview.

Key Takeaways for PEI Tenants

• Most landlord violations concern entry rules, health and safety, deposits, and improper notices.
• PEI’s Rental Office has official forms and processes to help resolve disputes and penalize violations.
• Keep clear records, use proper forms, and don’t hesitate to seek help if your rental isn’t legal or safe.

It’s always important to stay informed and proactive. By knowing your rights and the tools available, you can better protect your home and peace of mind.

Need Help? Resources for Tenants

• Rental Office (PEI): Handles landlord-tenant applications, disputes, and enforcement
• Landlord and Tenant Information—PEI Government: Information and links to forms
• CUPE PEI Tenants' Rights Support: Tenant advocacy and support (union-affiliated)
• Local legal aid resources and community justice centres for free advice

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1. Rental of Residential Property Act, PEI: Read the full Act
2. PEI Rental Office: Official website
3. PEI Forms for Landlords and Tenants: Download forms and instructions

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