As a renter in Prince Edward Island, a fallen tree can be frightening and disruptive. You need clear steps to protect your safety, preserve evidence, and understand whether you, the landlord, or an insurer will cover damage. This guide explains immediate actions tenants should take after a tree hits a rental property, how insurance usually divides responsibility, when landlords must make repairs, and how to start a formal application to the tenancy board if you and your landlord cannot agree. It uses plain language, highlights key forms and official contacts for Prince Edward Island, and includes sample wording you can use when notifying your landlord or insurer. Keep documentation and photos to support any claim.
When a tree falls — who could be responsible?
Liability depends on the cause. If a tree on the landlord's property was diseased, dead, or obviously hazardous and the landlord knew (or should have known) about the risk, the landlord's property insurance or responsibility to repair usually applies. If a tenant caused the damage (for example by planting or improperly maintaining a tree, or by striking it with a vehicle), the tenant may be held responsible.
Landlords must maintain safe grounds and arrange major repairs; tenants must report hazards and avoid creating risks. For a clear summary of duties, see the landlord and tenant obligation guidance at Obligations of Landlords and Tenants: Rights and Responsibilities Explained. If you need a formal decision, the Residential Tenancies Board handles disputes for Prince Edward Island[1].
Immediate steps for tenants
- Call emergency services if anyone is injured or if there is an immediate danger to life or property.
- Document the damage with clear photos and video from multiple angles and timestamps as evidence.
- Serve written notice to your landlord describing the damage, the date, and any immediate safety concerns.
- Keep records and receipts for temporary accommodation, emergency purchases, or repairs you arrange.
- Allow the landlord or an authorized contractor to inspect and make emergency repairs for safety and habitability.
- If the landlord does not act within a reasonable time, prepare to apply to the Residential Tenancies Board for an order to compel repairs or compensation.
What to tell your insurer and landlord
Contact your tenant (contents) insurer and the landlord's property insurer as soon as possible. Give basic facts: date, time, a short description, and that you have photos. If you have tenant insurance, your policy may cover personal belongings and temporary living costs; if the building structure is damaged, the landlord's property insurance normally handles repairs to the building.
How repairs and costs are usually split
Typical scenarios:
- If a tree failure is due to poor maintenance of the yard, the landlord (or their insurer) normally pays for structural repairs and cleanup.
- If a tenant caused the damage, the tenant may be required to pay for repairs or have their insurance cover the cost.
- If both parties share fault, costs may be apportioned; the tenancy board or insurers determine the split based on evidence.
If you are looking for a rental with clear maintenance policies, Find rental homes across Canada on Houseme to compare listings and landlord practices.
Relevant legislation, tribunal and official forms
Disputes over repairs or compensation can be decided under Prince Edward Island's residential tenancy rules. The governing Tribunal is the Residential Tenancies Board[1], and the relevant legislation is the Residential Tenancies Act (Prince Edward Island)[2]. To start a case you will use the Application to the Residential Tenancies Board (form and filing details available from the Board)[3]. Example: if your landlord refuses to fix a roof hole caused by a fallen tree and you have photos and repair estimates, file the application, attach your evidence, and request an order for repairs and temporary accommodation costs.
How formal forms are used (tenant example)
- Application to the Residential Tenancies Board — used when negotiation fails; attach photos, receipts, and a short chronology of events.
- Evidence attachments — photos, repair quotes, and any written notices you gave the landlord improve your chances at a hearing.
FAQ
- Who pays if a tree falls on a rental unit in Prince Edward Island?
- It depends on cause: landlords generally pay for building repairs if they failed to maintain the tree; tenants may pay if their actions caused the damage. Insurers often determine payment after assessing fault.
- Do I need tenant insurance to cover belongings damaged by a fallen tree?
- Yes, tenant (contents) insurance typically covers personal items and may cover temporary living costs; building damage is usually the landlord's insurer responsibility.
- What if my landlord refuses to arrange repairs?
- You should document the refusal, keep records, and apply to the Residential Tenancies Board for an order requiring repairs or compensation.
How-To
- Call emergency services if anyone is injured or there is a hazard.
- Take photos and video of damage and note dates, times and witness names.
- Send a written notice to your landlord describing the damage and requesting immediate action.
- Contact your tenant insurer to report a claim for personal property and living expenses.
- Allow safety inspections and keep receipts for any emergency repairs you arrange.
- If the landlord does not act, file the Application to the Residential Tenancies Board with evidence and request a hearing.
Key Takeaways
- Document damage immediately and keep copies of all communications and receipts.
- Contact both your insurer and your landlord as soon as possible to protect rights and remedies.
- If repairs are delayed, you can apply to the Residential Tenancies Board with your evidence.
Help and Support / Resources
- Residential Tenancies Board (Prince Edward Island)
- Residential Tenancies Act (Prince Edward Island)
- Forms and filing information — Residential Tenancies Board
