Unsafe Living Conditions for Tenants: PEI Guide

If you're a tenant in Prince Edward Island and worried about unsafe living conditions, you are not alone. Unsafe or unhealthy rental housing can threaten your comfort, security, and even your health. Understanding your rights—as well as the correct steps to take under PEI law—can help you resolve issues quickly and stay protected.

What Are Unsafe Living Conditions?

Unsafe living conditions are any problems in your rental that put your health, safety, or basic comfort at risk. In PEI, examples include:

• Lack of necessary repairs (leaky roofs, broken heating in winter, no running water)
• Mould, pests, or untreated infestations
• Faulty electrical wiring or no smoke alarms
• No locks on exterior doors or windows
• Issues that violate fire, building, or health codes

Issues like these are also covered in Health and Safety Issues Every Tenant Should Know When Renting.

Your Rights and Your Landlord’s Responsibilities

In Prince Edward Island, tenants have the right to safe, habitable rental housing. Landlords must keep properties up to the minimum standards set by local bylaws and the Prince Edward Island Residential Tenancy Act^[1].

• Landlords are required to make repairs for critical problems—especially those affecting health or safety—as soon as possible.
• Tenants should report unsafe conditions in writing. Keep a copy for yourself.
• You cannot be evicted or punished simply for reporting a problem.

For a full list of your rights and obligations, visit Tenant Rights and Landlord Rights in Prince Edward Island.

Common Unsafe Condition Scenarios

• Furnace breaks in winter and the unit becomes unlivable
• Persistent mould or water leaks despite repeated complaints
• Pest infestations like bedbugs or rodents
• Broken locks or windows putting tenant security at risk

What Steps Should Tenants Take?

If you believe your rental unit is unsafe, follow these steps:

• Document the issue: Take photos, make notes, and gather evidence.
• Notify your landlord in writing: Clearly explain the issue, how it affects your living conditions, and ask for repairs. Keep a copy of all communication.
• Give your landlord reasonable time: PEI law requires landlords to address repairs in a reasonable period, especially for health or safety concerns.
• If unresolved, you may file a complaint with the Island Regulatory and Appeals Commission (IRAC) – Residential Rental Office, the tribunal handling residential tenancies in PEI.

Official Forms for Reporting Unsafe Rental Conditions

• Application by Tenant (Form 2A): Use this to officially request the IRAC Residential Rental Office to order your landlord to correct unsafe conditions or complete repairs.
  – Download Form 2A (Application by Tenant)
  – Example: You find severe mould in your apartment. Your written requests to your landlord are ignored. You fill out Form 2A, submit it to IRAC, and attach copies of your correspondence and evidence.
• Notice of Repair (Form 6): If your landlord needs notice to access the unit for repairs, this form notifies you in advance. This is provided to tenants by landlords ahead of making repairs.
  – View Form 6 (Notice of Repair)

These forms go directly to IRAC, which will arrange a hearing and issue a binding order if your complaint is valid, under the PEI Residential Tenancy Act.

Who Enforces Tenant Housing Standards?

The Island Regulatory and Appeals Commission (IRAC) – Residential Rental Office handles tenant complaints, applications, and disputes for unsafe living conditions in PEI. They ensure landlords comply with rental law and can issue orders for repairs, compensation, or other remedies.

If you discover routine issues such as minor upkeep or delayed repairs, you might also consult Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

If Conditions Remain Unsafe: Tenant Options

If the landlord refuses to resolve unsafe conditions even after an order, IRAC can allow you to:

• Withhold part of the rent (but only with IRAC approval)
• Apply for a rent reduction
• Terminate your tenancy if the unit is unfit

If you need a new home due to dangerous conditions, Find rental homes across Canada on Houseme for safe, vetted listings.

Frequently Asked Questions

1. What are my rights if my PEI rental is unsafe?
   As a tenant, you have the right to a habitable and safe home. Landlords must repair unsafe or unhealthy conditions. You can report unresolved issues to the IRAC Residential Rental Office and have them order repairs.
2. How do I file a complaint about unsafe conditions in PEI?
   Document the problem, notify your landlord in writing, and if unresolved, fill out Form 2A (Application by Tenant) and submit it to IRAC with your supporting documents.
3. Can I withhold rent if my unit is unsafe?
   Only with official authorization from IRAC. Withholding rent without proper process may lead to eviction or legal trouble.
4. Who fixes urgent repairs in PEI rentals?
   Landlords must make urgent repairs affecting health or safety as soon as possible—within a reasonable time after you report the problem.
5. What if my landlord tries to evict me for complaining?
   This is not allowed. Tenants cannot be evicted or penalized for reporting unsafe conditions to their landlord or IRAC.

Conclusion: Key Takeaways

• Tenants in PEI have the legal right to a safe, healthy living environment.
• Always use written communication and official forms to resolve unsafe conditions.
• Provincial authorities can enforce repairs and offer remedies if your landlord does not act.

Staying informed and using the proper legal channels is the best way to ensure safe housing for you and your family.

Need Help? Resources for Tenants

• IRAC – Residential Rental Office: File complaints, get forms, learn your rights
• PEI Tenant Resources: Provincial guides, contacts, and legal support
• Local municipal offices: For property standards or urgent code issues
• Contact legal aid for free or low-cost advice if needed

---

1. Prince Edward Island Residential Tenancy Act
2. Island Regulatory and Appeals Commission (IRAC) – Residential Rental Office
3. PEI Tenant Resources

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy