Tenant Rights at an LTB Eviction Hearing in PEI

Facing an eviction hearing in Prince Edward Island can feel intimidating for tenants, but knowing your rights and the process helps you better protect your home and interests. The main tribunal handling residential tenancy disputes—including eviction hearings—in PEI is the Residential Tenancy Office (RTO). All decisions and hearings are based on the Residential Tenancy Act (RTA)^[1]. This article explains what to expect, how to prepare, and how to assert your rights at an eviction hearing.

Understanding the Eviction Process in PEI

Landlords in PEI cannot evict tenants without proper notice and a formal hearing. The process usually involves:

• Landlord serving you with a formal Eviction Notice (Form 4)
• You have the right to dispute the notice within the required timeline
• A hearing before an appointed tenancies officer, where both sides can share evidence

Learn more about your jurisdiction’s legal protections at Tenant Rights and Landlord Rights in Prince Edward Island.

Your Right to Notice

Legally, your landlord must provide written notice using the proper form. For most evictions, this is the Notice of Termination (Form 4). You must receive:

• At least one month’s written notice for most reasons (e.g., non-payment of rent, cause)
• Proper reasons and details for eviction as set out in the Residential Tenancy Act

Forms You’ll Need

• Notice of Dispute (Form 6): Use this to formally dispute the landlord’s eviction notice. File it with the RTO within 10 days of receiving the eviction notice.
  • Official Form: Notice of Dispute (Form 6)
  • Example: If your landlord alleges you’re behind on rent but you disagree, submit Form 6 right away to stop the eviction process until a hearing is held.
• Notice of Hearing: Once your dispute is filed, the RTO will schedule a hearing and provide you with an official date and time in writing.

Always keep copies of all forms and written communication.

What to Expect at the Hearing

The hearing is a formal process run by a tenancies officer, but you do not need a lawyer to represent yourself. Here are key things to know:

• You will have the chance to explain your side, present evidence, and call witnesses
• The landlord must prove their grounds for eviction
• Common evidence includes rent receipts, communication records, and repair requests
• You are allowed to question your landlord and any witnesses
• All decisions must follow the Residential Tenancy Act

The hearing is designed to be fair and accessible, so don’t hesitate to speak up if you don’t understand something or need clarification.

Tips for Tenants to Prepare

• Gather all documents supporting your case (e.g., rent receipts, repair requests, written agreements)
• Make written notes of your version of events
• Ask for an interpreter or accommodation ahead of time if needed
• Arrive early and ensure you know how to connect if the hearing is virtual

Your Rights During the Hearing

• The right to notice of the hearing and all filed materials
• The right to be heard, present evidence, and question the landlord’s claims
• The right to a written decision from the RTO after the hearing
• The right to appeal the decision if you believe an error was made

Understanding your core obligations and the process will put you in the best position. For more on your day-to-day responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

After the Hearing

The tenancies officer will issue a written decision, usually within a few business days. If the eviction is upheld, you will have a set date by which you must leave. If you win, you may remain in your home.

In either outcome, both landlord and tenant can apply to the Supreme Court of PEI for a review of the decision, but strict timelines apply.

Related Issues

Eviction hearings sometimes involve topics like non-payment of rent or problems during tenancy. Learn more in Common Issues Tenants Face and How to Resolve Them. If you’re seeking a new apartment, Search Canadian rentals with interactive map view for a wide range of options.

1. Do I need a lawyer to attend my eviction hearing in PEI?
   You do not need a lawyer. Hearings are designed so tenants can represent themselves, but you may have a lawyer or advocate if you wish.
2. How quickly must I respond to an eviction notice?
   You typically must file a Notice of Dispute (Form 6) with the RTO within 10 days of receiving your eviction notice.
3. Can I stop being evicted by paying overdue rent?
   If your landlord’s reason is non-payment, paying the arrears before the hearing may lead the RTO to dismiss the eviction. Provide proof of payment at your hearing.
4. What happens if I miss my hearing?
   If you don't attend, the hearing may proceed without you and a decision can be made in your absence.
5. Where can I learn more about my rental rights in Prince Edward Island?
   You can find details at Tenant Rights and Landlord Rights in Prince Edward Island.

Key Takeaways for Tenants

• You have the right to dispute an eviction and present your case at a hearing
• Proper notice and correct forms are required for all eviction proceedings
• Prepare documents, notes, and witnesses to protect your interests

Staying informed and following procedures are your best protections during any eviction hearing.

Need Help? Resources for Tenants

• Residential Tenancy Office (RTO) – Province of PEI
  Information, forms, and guidance for tenancy disputes (1-800-501-6268)
• Residential Tenancy Act – Full provincial legislation
• CMHA PEI – Advocacy and tenant support
• Tenant Rights and Landlord Rights in Prince Edward Island

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1. Residential Tenancy Act (PEI)
2. Government of PEI – Residential Tenancy Office

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