Lawful Ways Tenants Can Delay Eviction in Prince Edward Island

Evictions Prince Edward Island published: June 20, 2025 Flag of Prince Edward Island

Facing an eviction notice can feel overwhelming, but tenants in Prince Edward Island (PEI) have specific legal rights and steps they can take to delay or challenge an eviction lawfully. Understanding the process, your options, and available forms can help you protect your home and ensure you are treated fairly under the law.

Understanding the Eviction Process in Prince Edward Island

Eviction in PEI is governed by the Rental of Residential Property Act, which sets out when and how a landlord can require a tenant to move out. Evictions must follow a formal legal process, and tenants have the right to receive proper notice and dispute the eviction if there are grounds.

  • Landlords typically must provide written notice stating the reason for eviction.
  • Common grounds include unpaid rent, substantial damage, or the landlord needing the unit for personal use.
  • The notice period usually ranges from 30 to 60 days, depending on the reason.
  • Evictions are handled through PEI’s Director of Residential Rental Property office.

Your Rights and Options After Receiving an Eviction Notice

Not all eviction notices mean you have to move right away. As a tenant, you can challenge the notice if you believe it’s unjustified or seek extra time in certain situations. Here are some lawful strategies:

  • Request a hearing to contest the eviction if you disagree with the reason or believe proper notice wasn't given.
  • Negotiate with your landlord and ask for more time or a payment plan if the eviction is for unpaid rent.
  • Apply for a delay (stay of eviction) with the Director if you have exceptional circumstances, such as illness, disability, or family hardship.

Understanding both your rights and responsibilities as a tenant can make a significant difference—see Tenant Rights and Landlord Rights in Prince Edward Island for a clear overview.

Key Forms and How to Use Them

Several official forms are used throughout the eviction process. Below are the most relevant for tenants aiming to delay or contest an eviction in PEI:

1. Application by Lessee to Director (Form 6)

  • When to use: If you wish to dispute an eviction notice or ask for more time to move out.
  • How to use: Complete Form 6 (Application by Lessee to Director) within 10 days of receiving your eviction notice. Submit to the Director's office by mail, email, or in person.
  • Example: If you have not paid rent because of temporary loss of employment, you can use Form 6 to explain your situation, show evidence, and request a delay or hearing before an eviction order is made.

2. Application to Set Aside an Eviction Order (Form 8)

  • When to use: If an eviction order has already been made but you have compelling reasons or new evidence to present.
  • How to use: Complete Form 8 (Application to Set Aside an Order) as soon as possible and submit to the Director.
  • Example: If you were unable to attend your hearing due to a medical emergency, submit Form 8 with proof and explanations to seek a reversal or delay of the eviction.
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Steps Tenants Can Take to Lawfully Delay Eviction

The PEI eviction process provides several opportunities for tenants to assert their rights. Here’s a step-by-step summary of what tenants can do:

  • Carefully read the eviction notice and note the deadline for responding.
  • Prepare documentation (e.g., proof of rent payments, repair requests, emails with landlord) to strengthen your case.
  • File Form 6 within 10 days to request a hearing or delay. Include clear explanations and supporting evidence.
  • Attend the hearing scheduled by the Director—bring all documents and be ready to discuss your situation.
  • If needed, apply for a stay using Form 8 if the eviction order is already issued but you have new information or experienced hardship by missing the initial hearing.
  • Negotiate directly with your landlord if possible—sometimes payment plans or agreements can pause or stop an eviction.

The PEI Director of Residential Rental Property will weigh both sides and decide whether to grant a delay or uphold the eviction. The Director’s decision is legally binding, but there is a limited right to appeal in case of procedural or legal errors.

Tip: Acting quickly and using the right form is essential for protecting your rights—waiting too long may reduce your legal options.

Special Considerations and Tenant Protections

Some circumstances may provide stronger grounds for requesting a delay—for example, medical emergencies, the presence of children or seniors, or if moving would present an unreasonable hardship. Tenants should provide full details and supporting evidence when applying for more time. Staying informed about both landlord and tenant obligations can help prevent misunderstandings—see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a practical overview.

If the reason for eviction relates to rent arrears, understanding your payment duties and communication can help avoid eviction—our Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips explains this in detail.

For those searching for a new place after an eviction, Explore Houseme for nationwide rental listings to find your next home with ease.

Frequently Asked Questions

  1. How fast can a landlord evict a tenant in PEI?
    The notice period typically ranges from 30 to 60 days, but can be as little as 7 days for certain issues like non-payment of rent. An order from the Director is also required before eviction occurs.
  2. Can I dispute an eviction notice in PEI?
    Yes. You have 10 days from receiving the eviction notice to file Form 6 and request a hearing to challenge the eviction.
  3. How do I apply for more time if I can’t move out by the deadline?
    Apply to the Director using Form 6, or, if an eviction order has already been made, use Form 8 to request a stay based on hardship or special circumstances.
  4. Does a landlord need a tribunal order to evict me in PEI?
    Yes. A landlord must first get an order from the Director of Residential Rental Property before arranging for an eviction by law enforcement.
  5. What if I have nowhere to go after being evicted?
    If you face hardship or have no alternative housing, inform the Director during your application and bring any evidence, such as children or medical needs, which may support your request for additional time.

Key Takeaways for PEI Tenants Facing Eviction

  • Respond promptly to all eviction notices and use the proper forms.
  • Gather supporting documentation and attend all hearings.
  • Use available tenant resources and official contacts for further assistance.

Knowing your rights and taking early action are the best ways to preserve your housing and navigate the process successfully.

Need Help? Resources for Tenants

  1. Rental of Residential Property Act, PEI: View the full legislation
  2. Director of Residential Rental Property (Tribunal): Official Tribunal Website
  3. Form 6 and Form 8 (Eviction-Related Applications): All rental forms and notices

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Canada

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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