Reporting Non-Compliant Landlords in Prince Edward Island

If you’re a tenant in Prince Edward Island and your landlord isn’t following the rules, there are clear steps you can take to protect your rights. From unresolved repairs to improper rent increases or withheld deposits, non-compliance with tenancy laws can significantly affect your living situation. This guide, focused on Prince Edward Island, explains how to report a non-compliant landlord, the correct forms to use, and where to get help—all in plain, straightforward language.

Who Oversees Landlord Compliance in Prince Edward Island?

Residential tenancy issues in Prince Edward Island are handled by the Island Regulatory and Appeals Commission (IRAC) – Rental Office. They enforce the Rental of Residential Property Act, the main law protecting tenants’ rights in the province.^[1]

When Should You Report a Landlord?

You should consider making a report if your landlord:

• Refuses to make necessary repairs or maintain the property
• Engages in harassment or privacy violations
• Withholds your security deposit unfairly
• Enforces illegal rent increases or penalties
• Violates lease terms or the Rental of Residential Property Act

Before filing an official complaint, it’s a good idea to communicate in writing with your landlord and document all interactions. This record can support your case if you need to escalate the issue.

Step-by-Step: How to Report a Non-Compliant Landlord

Filing a formal complaint in PEI typically involves applying to the IRAC Rental Office. Here’s how you can do it:

1. Try to Resolve the Issue Directly
   Start by talking with your landlord or sending a written request describing the problem. Document all communication.
2. Gather Evidence
   Collect all relevant documents, such as the lease agreement, written communications, photos, or repair requests. If the issue is related to your deposit, refer to guidance in Understanding Rental Deposits: What Tenants Need to Know.
3. Complete the Correct IRAC Form
   For most tenant complaints, use the IRAC “Application for an Order (Form 2).”
   • Form name: Application for an Order (Form 2)
   • When to use: If your landlord isn’t following the Act or your rental agreement, such as not doing repairs or wrongfully keeping your deposit.
   • How to use: Clearly state what has happened, attach evidence (photos, letters, etc.), and indicate the type of order you are seeking (e.g., money returned, repairs completed).
   • Official source: IRAC Application for an Order (Form 2)
4. Submit Your Application
   
   • Submit the form in person or by mail to the IRAC Rental Office.
   • Pay the required application fee. If cost is a barrier, contact IRAC for possible fee waivers.
5. Attend the Hearing
   You will receive a hearing date. Be prepared to explain your situation and provide all supporting documents.

Helpful Tips for Tenants

For health or safety-related issues, visit Health and Safety Issues Every Tenant Should Know When Renting for more on your rights and next steps.

What Happens After You Report?

Once your complaint is filed, the IRAC Rental Office will schedule a hearing where both you and your landlord can present your sides. If IRAC decides in your favour, they can order the landlord to fix the problem, pay compensation, or comply with the law. Not following these orders can lead to further penalties for the landlord under the Rental of Residential Property Act.^[1]

For a quick snapshot about rights and responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Staying Informed: Understanding Your Rights

Knowing your basic tenant rights is key to protecting yourself. To learn more, visit Tenant Rights and Landlord Rights in Prince Edward Island for a summary of provincial rules.

For those seeking new places to rent after disputes or wanting to browse other options, Explore rental homes in your area on Houseme, an all-in-one site for listings across Canada.

1. What if I don’t feel safe after reporting my landlord?
   If you feel threatened, contact local police for immediate safety. Let IRAC staff know at your hearing, as protection is available under privacy rules.
2. Do I have to keep paying rent during a dispute?
   Yes, keep paying rent on time. Not paying rent puts you at risk of eviction, even if you have an open IRAC complaint.
3. How long does the IRAC process take?
   Timelines vary, but hearings are normally scheduled within several weeks. IRAC will provide updates after you file your form.
4. Can I get my security deposit back if my landlord is non-compliant?
   If your landlord wrongfully withholds your deposit, you can file Form 2 with IRAC and request an order for the return of your deposit, plus any interest owed.
5. Who can help me fill out IRAC forms?
   Tenant advocacy services or local legal information clinics in PEI can help. Contact the IRAC Rental Office for referrals or guidance.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) – Rental Office: Information, complaint forms, and tenant guidance
• PEI Office of the Ombudsperson: Provides assistance for administrative fairness (https://www.ombudsperson.pe.ca/)
• Community Legal Information: Tenant legal help and free resources (https://www.legalinfopei.ca/)

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1. [1] Rental of Residential Property Act (Prince Edward Island)

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