Short-Term Rental Subletting Cases: PEI Tenant Guide

Short-term rental platforms like Airbnb and Vrbo have changed the tenant landscape across Canada, including in Prince Edward Island. If you're a tenant in PEI considering subletting your apartment for short-term rental or you've received a notice about unauthorized subletting, understanding your rights and obligations under local law is crucial. This guide breaks down how Prince Edward Island’s laws and legal cases address short-term rental subletting, what tenants must know, and where to go for official help.

Short-Term Subletting: What Does the Law Say in PEI?

In Prince Edward Island, the Residential Tenancy Act is the key legislation regulating rental relationships (see the Residential Tenancy Act). Subletting, including short-term rentals, means a tenant rents out all or part of their unit to another person for a period of time.

• Tenants must get their landlord’s written consent before subletting or assigning the rental agreement.
• Attempting to run a short-term rental without this consent can violate your lease and the Act, possibly resulting in an eviction application.
• Consent cannot be arbitrarily withheld, but landlords can refuse for reasonable grounds (for example, if the new subtenant isn't suitable).

For a summary of general rights, see Tenant Rights and Landlord Rights in Prince Edward Island.

Legal Precedents & Recent Cases

PEI’s Island Regulatory and Appeals Commission (IRAC) Rental Office is the official tribunal handling tenancy disputes. Several recent IRAC decisions have addressed tenants who listed rentals for short-term stays without permission. These cases often hinge on:

• Did the tenant get written landlord consent to sublet?
• Was the entire unit, or just a room, rented short-term?
• Did the activity disrupt the building or neighbours?

Court and tribunal outcomes vary, but unauthorized short-term subletting is frequently considered a breach of lease, and landlords may be permitted to issue eviction notices or claim damages.

Forms: What Tenants Need for Subletting or Responding to a Notice

If you're thinking of subletting, or your landlord has alleged a violation, you'll need to understand and use the correct forms:

• Form 6 – Tenant's Application for Assignment or Sublet: Required for tenants seeking approval for subletting or assignment. Submit to the landlord for written consent.
  Download Form 6 from IRAC.
  Example: If you plan to travel and wish to rent your place on Airbnb, complete and present this form to your landlord first.
• Form 2 – Notice of Termination: Used by landlords if they believe there's a violation due to unauthorized subletting. This notice may start the eviction process. See Form 2 on IRAC.
  Example: If you receive Form 2 for unauthorized short-term rental use, you should respond promptly and seek legal advice.

If you're unsure about your rights or need help with a form, contact the IRAC Rental Office or a local tenant advocacy group for guidance.

What Happens After a Short-Term Sublet Dispute?

If you are accused of improper subletting, your landlord may serve you notice and, if unresolved, apply to the IRAC Rental Office for dispute resolution. Both tenants and landlords can present evidence (such as messages, rental platform listings, or written communications).

In PEI, official hearings are informal. Most disputes settle on whether the landlord’s refusal to consent was reasonable and if the tenant’s short-term sublet truly broke the lease.

Your Rights and Responsibilities

• You retain the right to live in your home unless lawfully evicted through IRAC’s process.
• If in doubt, submit a formal sublet request before acting—that protects your rights.
• If served with a Form 2 notice, respond in writing and gather your evidence.

Knowing your Obligations of Landlords and Tenants: Rights and Responsibilities Explained can help avoid misunderstandings and disputes around subletting or short-term rentals.

Tips for Safe, Legal Subletting

• Communicate in writing with your landlord and keep records.
• Use official forms from IRAC before posting a listing on any platform.
• Only proceed once you have clear, written landlord approval.
• Stay familiar with tenancy rules and review your lease agreement.

For tenants searching for new homes—from short-term stays to long-term leases—Find rental homes across Canada on Houseme for a wide selection and peace of mind in your next move.

Frequently Asked Questions About Short-Term Subletting in PEI

1. Do I need my landlord’s permission to list my apartment on Airbnb or other short-term rental sites in PEI?
   Yes. Under PEI law, tenants must receive written landlord consent before subletting for any period, including short-term rentals.
2. What should I do if I receive an eviction notice for unauthorized subletting?
   Respond promptly in writing, gather evidence, and contact the IRAC Rental Office for support. Attend your scheduled hearing if required.
3. What forms do I need to sublet my PEI apartment legally?
   You must use Form 6 – Tenant's Application for Assignment or Sublet. This must be submitted and approved by your landlord before any sublet arrangement starts.
4. Can my landlord refuse my sublet request?
   Only for reasonable grounds, such as the suitability of the proposed subtenant or concerns about property use. Refusal cannot be arbitrary.
5. What tribunal handles subletting or eviction disputes in PEI?
   The Island Regulatory and Appeals Commission (IRAC) Rental Office manages all residential tenancy disputes, including subletting cases.

Key Takeaways

• Written landlord permission is a must for all short-term subletting in Prince Edward Island.
• Use the correct IRAC forms to request approval and respond to dispute notices.
• Understand your obligations—don't risk eviction by skipping proper process.

In summary, following official channels keeps your tenancy secure and supports positive landlord relationships.

Need Help? Resources for Tenants

• IRAC Rental Office – Residential Tenancy: The main dispute resolution body for tenants and landlords in PEI
• PEI Residential Tenancy Act: Full legislation text
• IRAC Tenancy Forms: Official sublet and termination forms
• Local tenant advocacy groups: Contact for free advice or support with tenancy disputes

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1. PEI Residential Tenancy Act: Read the Act
2. IRAC Rental Office: Tenancy Tribunal & Forms

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