Sealing an Eviction Record in Prince Edward Island: What Tenants Should Know

If you’ve faced an eviction in Prince Edward Island (PEI), you might have concerns about how this record could affect your future rental opportunities. Many tenants wonder if it's possible to seal, remove, or limit access to their eviction record in PEI. This article explains the rules, your options, and practical steps to address your eviction history.

Who Keeps Eviction Records in Prince Edward Island?

Eviction records in PEI are generally maintained by the Residential Tenancy Office, the provincial tribunal responsible for tenancy disputes, evictions, and enforcement of rental laws. This office holds records of Orders and decisions made under the Prince Edward Island Rental of Residential Property Act^[1].

Most of these records are considered public documents, especially if they resulted in a formal tribunal order. Landlords, prospective landlords, and sometimes tenant screening agencies may access this information.

Is It Possible to Seal or Expunge an Eviction Record in PEI?

Unlike some other jurisdictions, Prince Edward Island does not currently provide a formal process to seal or expunge eviction records. Tribunal decisions and eviction orders are part of the public record unless a special order is made by the Residential Tenancy Office to restrict access (which is extremely rare and typically reserved for cases involving sensitive personal information).

Here’s a summary of what this means for tenants:

• Eviction decisions and orders usually remain permanent on the record.
• There is no standard application form or process for removing an eviction from your tenancy record.
• Eviction records are generally accessible by anyone who makes a formal request to the Residential Tenancy Office.

When Might an Eviction Not Appear on Your Record?

Not all landlord-tenant disputes result in a public eviction record. For example:

• If you move out voluntarily before an official hearing or written order, there may be no formal eviction on record.
• If a dispute is settled before a tribunal decision, it generally won’t result in an eviction order accessible to the public.

However, landlords may still make personal notes or share information through informal references.

What Can You Do If You Have an Eviction on Your Record?

If you have an eviction record in PEI and are concerned about its effects, the following steps can help:

• Review your eviction order: You can request a copy of all documents related to your tenancy from the Residential Tenancy Office. This can help you understand exactly what is on file.
• Clarify your situation: When applying to new rentals, consider explaining the circumstances of your previous eviction—especially if the situation was resolved or if you believe your side was justified.
• Dispute inaccurate information: If you believe the information about your eviction is wrong, contact the Residential Tenancy Office to correct errors.

For practical advice on leaving a rental or navigating future applications, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit. This can help minimize issues when transitioning to a new home.

If you believe your eviction record is incorrect or wish to inquire about limited-access orders, contact the Residential Tenancy Office directly. Legal services or tenant advocacy groups may also provide valuable guidance.

Are There Any Relevant Forms or Appeals?

While there is no official "sealing" form for eviction records, tenants do have the right to appeal certain tribunal decisions or request a correction if errors exist in their records. Key steps include:

• Notice of Appeal: If you believe your eviction was unjust, you can file a Notice of Appeal to the Supreme Court under the Rental of Residential Property Act. This must typically be done within 20 days of the order. Details on appeals can be found on the PEI Residential Tenancy Office website.
• Rectification Requests: To correct factual mistakes in existing records, you can contact the tribunal with supporting documentation.

Remember, appeals or corrections may not remove an eviction record altogether, but they can provide context or fix inaccuracies.

How to Protect Your Rental History Moving Forward

Although PEI does not erase or seal eviction records, there are positive steps tenants can take to strengthen future applications:

• Collect references from other landlords, employers, or community members.
• Explain the context of your eviction up front with future landlords.
• Maintain records showing you fulfilled your obligations, paid outstanding rent, or resolved disputes.

Review Tenant Rights and Landlord Rights in Prince Edward Island for an overview of your legal rights and tips to support your rental journey.

If you’re looking for a new place to live, you can Find rental homes across Canada on Houseme and get access to the latest available listings.

Frequently Asked Questions (FAQ)

1. Can PEI tenants apply to seal their eviction record?
   No, Prince Edward Island does not have a formal process for sealing or expunging eviction records.
2. How long do eviction records stay public in PEI?
   Eviction records typically remain on file permanently unless a rare tribunal order restricts access.
3. Can landlords access my eviction record when screening?
   Yes, landlords can request information from the Residential Tenancy Office as part of tenant screening.
4. What should I do if my eviction record has errors?
   Contact the Residential Tenancy Office to request a correction and provide supporting evidence.
5. Are all landlord-tenant disputes made public?
   No, only those resulting in a formal tribunal order—private settlements and voluntary moves are not included on public record.

Summary: Key Points for Tenants

• There is no standard process to seal or remove eviction records in PEI—they remain public.
• You can appeal eviction decisions or correct errors, but this does not erase your record.
• It’s important to maintain good references and provide context when applying for new rentals.

Understanding the rules about eviction records can help you plan your next steps and protect your tenant history.

Need Help? Resources for Tenants

• PEI Residential Tenancy Office – for appeals, information requests, and correcting records
• Prince Edward Island Rental of Residential Property Act – official rental laws
• PEI Tenant Advocacy groups or legal aid – for support and advice with disputes and rights

1. [1] See: Rental of Residential Property Act of Prince Edward Island
2. Residential Tenancy Office, Government of PEI. Official tribunal information and contacts