What Happens If You Ignore an Eviction Order in Prince Edward Island
Dealing with an eviction is stressful, especially if you’ve received an official eviction order in Prince Edward Island. Understanding what happens next—if you ignore this order—is crucial for protecting your rights and making informed decisions. This article explains the process, consequences, and where to get help, using the latest rules under Prince Edward Island’s rental legislation.
What Is an Eviction Order?
An eviction order is an official directive issued by the Residential Tenancy Office (RTO)—the main authority handling rental disputes in Prince Edward Island. This order means you must leave your rental home by a specific date, usually after a hearing or review if you and your landlord dispute the matter.
The Legal Framework in PEI
All evictions and rental agreements in Prince Edward Island are governed by the Rental of Residential Property Act[1]. This legislation sets out the process for evictions, including notice, hearings, and enforcement.
What Happens If You Ignore an Eviction Order?
If you do not move out by the date specified in the eviction order, your landlord cannot physically remove you or your belongings themselves. Instead, they must follow a legal process to enforce the order. Here’s what typically happens:
- Enforcement Application: The landlord can apply to the Supreme Court of Prince Edward Island for enforcement. Only a sheriff, under court authority, can physically evict tenants.
- No Self-Eviction: It's illegal for a landlord to change the locks, shut off services, or forcibly remove a tenant without proper enforcement.
- Possible Additional Costs: If sheriff enforcement is required, you may be held liable for related costs, and an eviction may affect future rental opportunities.
In short, ignoring an eviction order does not stop the eviction—it results in more serious legal steps and possible extra expenses.
Enforcement Steps for Landlords
If a tenant has not moved by the specified date, the landlord must:
- Obtain a certified copy of the eviction order from the RTO
- Apply to the Supreme Court of Prince Edward Island for enforcement
- Arrange with the sheriff for the physical removal of the tenant if necessary
Forms and Official Documents
Important Tenant Documents:
- Form 7 – Notice of Termination: Used by landlords to begin the eviction process for issues such as non-payment of rent. Provided to you before any eviction hearing. Get Form 7 here.
- Form 11 – Application for Enforcement of Eviction: Filed by a landlord to the Supreme Court of PEI if you do not vacate following the RTO’s eviction order. View Form 11 here.
Example: If you receive Form 7 and miss your hearing or don’t leave after the RTO issues the eviction order, your landlord may then proceed to file Form 11 for court enforcement.
Your Rights and Options
Even after an eviction order, you may still have options depending on your situation:
- Appeal: You can file an appeal within 20 days of the RTO’s order if you believe there was a legal error. Appeals go to the Supreme Court of PEI. Learn about the appeals process here.
- Negotiate: Sometimes, landlords are willing to discuss payment plans or new terms—even after an order. Communication is key.
- Get Legal Advice: Contact local legal aid or tenant advocacy services before taking any action if you are unsure.
If your eviction is due to unpaid rent, understanding your Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips can help avoid similar issues in the future.
What Happens to Your Belongings?
If the sheriff removes you from your rental unit, the landlord must follow rules for storing or disposing of your possessions. They cannot simply throw away or keep your items. This process is also governed by the Rental of Residential Property Act.
For a complete overview of tenant and landlord rights, you can review Tenant Rights and Landlord Rights in Prince Edward Island.
Moving Forward: How to Protect Yourself
If you are facing an eviction order, consider these action steps:
- Read the eviction order carefully—note important dates and reasons for eviction.
- Act quickly if you want to appeal—delays can affect your legal options.
- Reach out for advice or advocacy support as soon as possible.
- Plan your move to minimize extra costs or complications.
If you need a new place to live, explore Houseme for nationwide rental listings, offering a simple and convenient way to find rental homes across Canada.
Frequently Asked Questions
- What should I do if I can’t move out by the eviction order date?
Communicate with your landlord as soon as possible and seek legal advice. If you have grounds, file an appeal promptly. Avoid waiting until enforcement begins, as it may lead to sheriff involvement and extra costs. - Will ignoring an eviction order give me more time to stay?
No. Ignoring an eviction order only delays the inevitable and may increase your costs. Landlords will apply to the court for enforcement, and the sheriff will remove you if necessary. - Can a landlord enter my unit or change locks after an eviction order?
No. Only the sheriff, acting under a court order, may remove you or change the locks after official enforcement steps. Landlords must follow the legal process at every stage. - Are there supports for tenants facing eviction in PEI?
Yes. Legal aid services, tenant support groups, and the Residential Tenancy Office can offer information and assistance on your rights and next steps. - Does an eviction order affect my ability to rent in the future?
Repeated evictions or legal enforcement may impact how landlords view your rental applications, so resolving disputes early is beneficial.
Key Takeaways
- Ignoring an eviction order in PEI leads to court enforcement and extra costs, not more time.
- Your landlord cannot evict you themselves—they must apply to the court and sheriff.
- Appeals and legal advice may still be options—act quickly and be informed.
Need Help? Resources for Tenants
- Residential Tenancy Office (RTO), PEI: Main resource for forms, information, and dispute resolution
- Community Legal Information (PEI): Free information and legal support for tenants
- PEI Legal Aid: For advice and representation if you qualify
- Review your full rights: Tenant Rights and Landlord Rights in Prince Edward Island
- Looking for a new rental? Explore Houseme for nationwide rental listings
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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