What to Do After Receiving an Eviction Notice in PEI

Receiving an eviction notice in Prince Edward Island can feel overwhelming, especially if you're not sure of your rights or the process. This guide is here to help you understand exactly what an eviction notice means, how to protect yourself, and what steps you can take if you wish to challenge the notice or need more time. The information is tailored to PEI laws as of 2024 to provide accurate, up-to-date support for tenants navigating eviction.

Understanding Your Eviction Notice

In Prince Edward Island, eviction notices must follow rules set by the Island Regulatory and Appeals Commission (IRAC) Rental Office, the provincial body responsible for rental disputes. Notices must include the reason for eviction, the amount of notice time given, and any required documents or forms. Common grounds for eviction include non-payment of rent, lease violations, the landlord needing the unit for personal use, or end of fixed-term tenancies.

Types of Notices and Timeframes

• Non-payment of Rent: Usually, the landlord must give you a minimum of 20 days notice (Form 4 – Notice of Termination by Lessor), during which you may pay the rent and cancel the eviction in most cases.
• Other Causes: For reasons such as repeated late payment or violation of lease terms, other forms and notice periods apply.
• No-Fault Evictions: If your landlord needs the property for their own use or for renovations, different notice lengths (usually 60 days) and forms apply.

For special circumstances (such as emergency repairs or damage to the unit), timelines may differ.

What Are Your Rights as a Tenant?

Tenants in PEI are protected under the Rental of Residential Property Act of PEI^[1]. You have the right to receive proper written notice, to challenge or respond to eviction notices, and to have your case heard by an impartial body if you disagree with the eviction.

For a full overview of your rights, see Tenant Rights and Landlord Rights in Prince Edward Island.

Typical Reasons for Eviction

• Consistently late rent payments
• Causing significant damage to the rental property
• Disturbing other tenants
• Illegal activity

Your Options: What to Do Next

After receiving an eviction notice, consider the following steps to protect yourself and potentially remain in your home:

1. Review the Notice Carefully

• Is the notice properly filled out? (Check dates, reasons, and your name and address)
• Does it reference the correct form?
• Is the notice period correct for the reason stated?

If anything seems unclear or incorrect, gather your rental documents and communicate in writing with your landlord for clarification.

2. Consider Resolving the Issue with Your Landlord

Some disputes can be resolved through open communication, such as agreeing to a payment plan or addressing concerns about noise or property use. Find more information in How to Handle Complaints in Your Rental: A Tenant’s Guide.

3. Apply to the Rental Office if You Disagree with the Eviction

If you wish to challenge the eviction (for example, if you dispute the reason or believe the landlord has not followed procedures), you must apply for a hearing at the IRAC Rental Office within 10 days of receiving the notice.

Form to Use: Form 6 – Application by Lessee

• When to use: If you want to dispute an eviction notice, request repairs, or raise any tenancy issue.
• Example: If you receive an eviction notice for late rent, but you have receipts showing on-time payment, use Form 6 to request a hearing.

Submit the completed Form 6 to the IRAC Rental Office in person, by mail, or by online submission following instructions on the form.

4. Prepare for the Hearing

• Gather all documentation (lease agreements, payment records, communication with your landlord)
• Bring witnesses if relevant
• Attend your hearing on the scheduled date

5. Moving Out Voluntarily

If you decide not to contest the eviction and plan to move out by the deadline, follow the correct procedures to protect your deposit and ensure a smooth exit. See Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit for practical advice.

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Key Forms in PEI Eviction Process

• Form 4 – Notice of Termination by Lessor: Used by landlords to give formal notice to terminate a rental agreement for various reasons. Sample and instructions available via IRAC Rental Office Forms.
• Form 6 – Application by Lessee: Used by tenants to dispute notices, challenge decisions, or request repairs. Access at IRAC Rental Office Forms.

Common Tenant Mistakes to Avoid

• Ignoring the notice or missing deadlines
• Not keeping records of payments or correspondence
• Moving out early without proper documentation

After receiving a notice, you may want to review What Tenants Need to Know After Signing the Rental Agreement for information on next steps and ongoing rights as a tenant.

FAQ: Eviction Notices in Prince Edward Island

1. What is the minimum notice period for eviction in PEI? The minimum is generally 20 days for non-payment of rent, but may be longer (up to 60 days) for other reasons such as property owner use.
2. Can I stop an eviction if I pay overdue rent? Yes, for non-payment evictions, if you pay the rent and any late fees within the notice period, the eviction may be canceled.
3. How do I dispute an eviction notice in PEI? Submit Form 6 to the IRAC Rental Office within 10 days of receiving the notice. A hearing will be scheduled to decide the outcome.
4. What happens if I do not leave by the eviction date? The landlord must apply to IRAC for an order of possession; you cannot be forced out without this legal order.
5. Where can I get help if I do not understand my eviction notice? Contact the IRAC Rental Office or a tenant advocacy group. See resources below for details.

Summary: Key Takeaways for Tenants

• Act quickly if you receive an eviction notice in PEI—pay attention to deadlines.
• You have the right to dispute most eviction notices and have your case heard by IRAC.
• Know your options and document everything to protect your rights.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Rental Office – Tenancy forms, disputes, contacts: (902) 892-3501
• PEI Government – Tenant Information
• PEI Tenant Support Centre (Tenant advocacy): (902) 620-3777

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1. Rental of Residential Property Act (PEI government site)

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