What PEI Tenants Can Do About Maintenance Neglect

If you’re renting in Prince Edward Island and your landlord isn’t keeping your home in good repair, you’re not alone—and you have rights. Maintenance neglect can create stressful living situations, but PEI law protects you. This article explains the enforcement actions available to tenants, the steps involved in making a formal complaint, and what you can expect if your landlord fails to comply with their obligations.

Understanding Landlord Maintenance Obligations in PEI

In Prince Edward Island, landlords are legally required to keep rental properties in a condition that is safe and fit for habitation. The Rental of Residential Property Act outlines these obligations, including:

• Ensuring the property is structurally sound and free from hazards
• Providing adequate heating, plumbing, and electrical systems
• Maintaining appliances or services included in the lease
• Complying with local health and safety standards

For a clear breakdown of both landlord and tenant duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Counts as Maintenance Neglect?

Maintenance neglect occurs when your landlord fails to make necessary repairs or address safety issues that affect your health, safety, or the enjoyment of your rental. Examples include:

• Leaking roofs or plumbing
• Broken heating in winter
• Electrical hazards
• Mold, pests, or unaddressed health hazards

Not sure whether a problem is a health or safety concern? Review Health and Safety Issues Every Tenant Should Know When Renting for more details specific to rental units.

Enforcement Actions and Where to File a Complaint

If your landlord is ignoring essential repairs, you can take action. The Island Regulatory and Appeals Commission (IRAC) – Rental Office handles residential tenancy concerns in PEI. The Rental Office can order landlords to complete repairs or, in some situations, reduce your rent if you’ve been affected by lack of maintenance.

Step-by-Step: How to Enforce Maintenance Rights

Here’s how to proceed if your landlord is neglecting their maintenance duties:

• Give Written Notice: Notify your landlord in writing about the issue, describing the required repair and asking for a timeline.
• Document the Issue: Take photos, gather receipts, and keep all correspondence for your records.
• Wait for Reasonable Response: Landlords should act within a reasonable timeframe—usually a few days for urgent repairs.
• If Unresolved, Apply to the Rental Office: If your landlord doesn’t respond, submit an "Application for Enforcement of Tenant's Rights" (Form 9). Download the form from IRAC's official forms page.

Example: If you reported a broken furnace and your landlord hasn’t fixed it after several days, you can use Form 9 to request the Rental Office’s intervention.

What Happens Next?

Once your application is received, the Rental Office sets a hearing date where both you and your landlord can present your sides. The Rental Office can then order the landlord to complete repairs by a specific date. If the problem affects your quality of life or safety, the office may also order rent reductions or repayment of costs incurred because of the neglect.

Potential Penalties for Landlord Non-Compliance

Landlords who ignore maintenance orders from the Rental Office may face:

• Fines under the Rental of Residential Property Act
• Orders for compensation to the tenant
• Eviction of the landlord from managing the unit (in rare, extreme cases)

Knowing your rights—and how to act—is your best protection. For a province-specific overview, visit Tenant Rights and Landlord Rights in Prince Edward Island.

If you’re searching for a new home where maintenance and compliance are prioritized, browse apartments for rent in Canada with a trusted, map-based rental platform.

FAQ: Tenant Maintenance Enforcement in PEI

1. What is the landlord’s responsibility for repairs in PEI?
   Landlords must keep rental homes safe and in good repair, following health and safety standards outlined in PEI law.
2. What formal complaint form should tenants use for maintenance issues?
   Use Form 9 – Application for Enforcement of Tenant's Rights, available from the Rental Office’s website.
3. Can I withhold rent if my landlord refuses to make repairs?
   No, you should not withhold rent. Instead, apply to the Rental Office using the official process—otherwise, you could risk eviction for non-payment.
4. What penalties do landlords face for non-compliance?
   The Rental Office can issue fines, require compensation, or in rare cases, restrict a landlord’s ability to rent out the property.
5. Is there help for urgent health or safety repairs?
   Yes. For urgent repairs, highlight the emergency in your Rental Office application so it can be prioritized.

Key Takeaways for Tenants

• PEI law requires landlords to maintain rental units in a safe and livable condition.
• Document all maintenance requests and apply to the Rental Office if your landlord does not respond.
• Never withhold rent—use the official enforcement process to protect your rights.

Need Help? Resources for Tenants

• IRAC – Rental Office: File tenancy complaints, download forms, or get guidance on enforcement actions.
• IRAC Rental Forms: Find official forms including Form 9 for enforcement complaints.
• Community Legal Information PEI: Free legal information and tenant support.
• For a full guide to tenant protections, see Tenant Rights and Landlord Rights in Prince Edward Island.

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1. Rental of Residential Property Act (PEI): PEI tenancy legislation
2. IRAC – Rental Office: PEI Rental Office
3. Official Forms: PEI Rental Forms

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