Legal Help for Maintenance Disputes in PEI Rentals

Dealing with maintenance and repairs issues as a tenant in Prince Edward Island can be stressful, especially if your landlord isn't addressing important concerns. Tenants have clear rights under PEI law, and there are steps you can take to get legal support if repairs are delayed or disputes arise. This guide explains your protections, outlines the official processes, and connects you to practical resources so you feel supported every step of the way.

Know Your Rights: Maintenance and Repairs for PEI Tenants

In Prince Edward Island, the Rental of Residential Property Act sets out your right to a safe, healthy, and well-maintained home.¹ Landlords must keep apartments and houses in good repair and comply with health, safety, and housing standards at all times during your tenancy.

• All vital systems (heat, electricity, hot water, plumbing) must be functional
• Rental units must be free from hazards, pests, and health risks
• Major repairs are the landlord's responsibility, unless you or your guests caused the damage
• Tenants must inform landlords in writing when repairs are needed

For an overview of tenant and landlord duties regarding repairs, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When Repairs Are Not Completed: Your Options

If your landlord is not responding to repair requests, you have several legal avenues to pursue in Prince Edward Island:

• Document the problem: Take photos, keep written records, and save any correspondence
• Send a written repair request to your landlord by email or letter, stating the issue and your expectation for repair
• If the issue is urgent or a health and safety concern (mould, unsafe wiring, etc.), contact local authorities (such as public health or fire department as appropriate)
• If no action is taken within a reasonable time, you may file an official complaint with the Island Regulatory and Appeals Commission (IRAC) Residential Tenancy Office

For health or safety issues within your rental, review Health and Safety Issues Every Tenant Should Know When Renting for guidance and prevention tips.

How to File a Maintenance or Repairs Dispute

The Island Regulatory and Appeals Commission (IRAC) Residential Tenancy Office manages all rental disputes, including those about repairs and maintenance in PEI. Their process is impartial and accessible for tenants and landlords alike.

Key Steps to Take

• Gather Evidence: Photos, emails, written requests, and repair history all help strengthen your case.
• Complete the Official Form: The primary application is the Form 2: Application by Tenant/Hearing Request. Find it at the official IRAC Rental Forms page.
• Submit Form 2: Use Form 2 to request a hearing regarding maintenance/repairs (for example, when the landlord refuses to fix heating or vital appliances). Submit the completed form by mail, fax, or in-person to the Residential Tenancy Office. The usual fee is $20. Include copies of all relevant evidence.
• Attend the Hearing: IRAC will schedule a hearing where you and the landlord can present your sides and evidence. You may bring a friend, advocate, or legal support person if desired.
• Receive a Decision: The decision ("Order") will outline what repairs must be done, time frames, and any other remedies.

Practical Example: If your landlord ignores repeated requests to fix a broken furnace in winter, fill out Form 2: Application by Tenant/Hearing Request, attach copies of your written requests and photos, then send to IRAC. The tribunal will review your complaint and set a hearing date.

Dealing with Urgent Situations or Health Hazards

If your repair dispute puts your health or safety at immediate risk, you can contact your local health unit or fire department directly before or during the IRAC process. These authorities can order urgent repairs or issue citations if provincial standards are being violated.

Other Resources for Repair Disputes

• Learn more about Emergency Situations and Repairs: Tenant Rights and Responsibilities to see what counts as urgent and what steps to take.
• You can also Tenant Rights and Landlord Rights in Prince Edward Island for a province-wide overview of rights, laws, and local contacts.
• To find safe, healthy rentals, Browse apartments for rent in Canada and view inspection highlights before moving in.

Once your dispute is resolved, be sure to keep documentation and follow up to ensure required repairs are completed by the landlord. If repairs are not done by the ordered date, you may need to return to IRAC for enforcement.

FAQ: Tenant Maintenance and Repair Disputes in PEI

1. What should I do if my landlord ignores my repair request?
   If your landlord does not respond to your written repair request, gather evidence and consider filing Form 2 with IRAC to request a hearing and official remedy.
2. Can I withhold rent if repairs aren't done in PEI?
   No, tenants should never withhold rent because of repair issues in PEI. This could result in eviction. Instead, use the legal process through IRAC.
3. Who handles rental repair disputes in Prince Edward Island?
   The IRAC Residential Tenancy Office manages all rental repair complaints and dispute hearings for tenants and landlords in PEI.
4. Is there help if repairs create a health or safety issue?
   Yes, for urgent safety or health concerns, contact your local health unit or authorities and let IRAC know about the situation in your application.
5. What forms do tenants need to resolve maintenance disputes?
   Form 2: Application by Tenant/Hearing Request is required to start the legal dispute process over repairs.

How To: Resolve a Maintenance Dispute in PEI

1. How do I file an official complaint about repairs not being done?
   Fill out Form 2: Application by Tenant/Hearing Request from the IRAC website, attach evidence, and submit it to the Residential Tenancy Office.
2. How do I prepare for an IRAC hearing about repairs?
   Collect all relevant documents (photos, emails, letters), write a clear summary of the problem, and be ready to present your case with evidence at the hearing.
3. How do I get urgent repairs (like no heat) fixed quickly?
   Report urgent issues to your landlord immediately in writing, contact local emergency authorities if health or safety is threatened, and inform IRAC in your application.

Key Takeaways

• PEI law protects your right to a well-maintained, healthy rental home
• If repairs are ignored, use IRAC's official process and submit Form 2
• Keep detailed records, and ask for help from tenant support services if needed

Need Help? Resources for Tenants

• IRAC Residential Tenancy Office, PEI: File complaints, track forms, and find guides for tenants and landlords
• Rental Forms, Prince Edward Island: Download hearing forms, information sheets, and application instructions
• Tenant Rights and Landlord Rights in Prince Edward Island: Learn about tenancy laws, dispute resolution, and support contacts
• For advocacy, contact local legal clinics or tenant assistance organizations serving PEI residents

---

1. Rental of Residential Property Act, Prince Edward Island
2. IRAC Residential Tenancy Office
3. IRAC Official Rental Forms

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy