Tenant Rights When Accused of Damages from Pets or Smoking (PEI)

As a tenant in Prince Edward Island, issues related to damage from pets or smoking can be stressful and confusing. Landlords may try to hold you responsible for repairs or deductions from your security deposit. Understanding your rights under PEI’s rental laws—and what steps to take when you’re accused—is essential for protecting yourself and resolving disputes fairly.

Landlord Claims of Damage: What Are Your Rights?

Under the Rental of Residential Property Act (PEI), tenants are responsible for keeping the unit reasonably clean and avoiding damage beyond normal wear and tear^[1]. However, not all damage is your responsibility. If your landlord says your pet or cigarette/vaping smoke caused damage, they must provide evidence and follow legal procedures before keeping some or all of your security deposit.

• "Damage" means harm beyond everyday use—such as torn carpets from a pet or nicotine-stained walls from smoking.
• You’re not responsible for normal wear, or aging of paint, floors, and fixtures, even if you have a pet.
• Landlords must consider your tenancy agreement: is smoking or keeping a pet allowed?

Security Deposits and Damage Claims

Security deposits are often used to cover unpaid rent or damage. In PEI, landlords must return your deposit, with any interest, unless they apply to keep it because of damage. If you’re unsure about deposits, see Understanding Rental Deposits: What Tenants Need to Know for a detailed explanation of how they work.

Proving or Disputing Damage: Inspections and Evidence

Inspections are typically done at the start and end of a tenancy. It’s strongly recommended that both landlord and tenant participate—and take photos or videos as proof. If you’re accused of damage from pets or smoking after moving out, you can use move-in records to dispute the claim.

• Request a written list of damages from the landlord, along with cost estimates or repair receipts.
• If you disagree with the claim, gather your own evidence: photos, initial inspection records, or witness statements (such as roommates).

For a step-by-step guide on move-in documentation, check the Guide to the Initial Rental Property Inspection for Tenants.

Official Forms and How to Challenge a Damage Claim

If your landlord wants to keep all or part of your security deposit due to alleged damage, they must apply to the Office of the Director of Residential Rental Property (the PEI rentals tribunal). You also have the right to respond and dispute the claim.

Key Forms for Tenants

• Form 9 – Application by Landlord to Keep Security Deposit: Used by landlords when they believe they are entitled to the deposit. You will be notified if your landlord files this.
  Example: If a landlord claims that pet damage requires carpet replacement, they would submit Form 9. You’ll receive a copy and instructions to reply.
  Available here: Official Form 9 (PEI government)
• Form 10 – Tenant’s Reply to Application to Keep Deposit: Use this if you want to dispute a landlord’s claim, provide your side, and submit evidence.
  Example: You moved out and receive a notice that your landlord is claiming smoke damage, but you only vaped in permitted areas. Use Form 10 to explain and attach your evidence.
  Download here: Official Form 10 (PEI government)

Both parties may be asked to attend a hearing (often virtual or in-person) at the Office of the Director of Residential Rental Property (PEI Tenancy Office). They will review evidence and make a decision per the Rental of Residential Property Act.^[1]

Common Outcomes and Tips for Tenants

If the tribunal finds you did cause damage, the amount can be deducted from your security deposit, or you may be ordered to pay extra costs if the deposit isn’t enough. If not, your deposit must be returned with interest.

• Never pay a damage bill unless you receive a formal tribunal decision—keep a record of all payments.
• Appeal rights: If you disagree with the outcome, you may have limited appeal rights—read the tribunal’s instructions closely.
• Respect pets and smoking clauses in your lease—breaking them could trigger more serious consequences, like eviction.

Understanding your responsibilities as a tenant can prevent disputes. Review Obligations of Landlords and Tenants: Rights and Responsibilities Explained for practical advice on care, repairs, and respecting your lease terms.

For more on PEI law and essential facts, see Tenant Rights and Landlord Rights in Prince Edward Island. If you’re looking for your next place to live, Find rental homes across Canada on Houseme for pet-friendly and smoke-free units nationwide!

Frequently Asked Questions

1. Can my landlord automatically keep my security deposit if they claim there’s pet or smoke damage?
   No. The landlord must apply to the Office of the Director of Residential Rental Property and provide evidence. You have the right to dispute their claim.
2. What if I never agreed to a "no pet" or "no smoking" policy in my lease?
   If your written lease does not ban pets or smoking, the landlord cannot penalize you for simply having a pet or smoking, but you are still responsible for any actual damage caused.
3. How can I prove I didn’t cause the damage?
   Use inspection reports, dated photos/videos from move-in or move-out, and written correspondence. Witness statements can also support your case.
4. Is vaping treated the same as smoking for damage claims?
   Generally, yes. Both smoking and vaping can affect walls, floors, and air quality. The tribunal decides based on specific facts and evidence.
5. If my landlord claims damage but never did an inspection with me, what should I do?
   Point out the lack of a joint inspection in your response and provide your own evidence. The tribunal considers both sides.

Key Takeaways for PEI Tenants

• Landlords cannot deduct for pet or smoking damage without an official tribunal ruling.
• Always document your rental’s condition before and after moving.
• Use the correct PEI forms to respond to damage claims quickly.

Being proactive and knowing your rights helps ensure a fair outcome if you’re accused of damage related to pets or smoking.

Need Help? Resources for Tenants

• PEI Office of the Director of Residential Rental Property: Inquiries, forms, and official decisions
• Contact PEI government service centres or the tenancy office for support
• Tenant advocacy groups, such as the PEI Fight for Affordable Housing (search for local tenant advocacy organizations)
• For disputes over health and safety, contact PEI Environmental Health: PEI Environmental Health Services

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1. Rental of Residential Property Act (PEI) – Government of Prince Edward Island
2. PEI Office of the Director of Residential Rental Property

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