What To Do If Your Landlord Demands Rent Before Lease Starts in PEI
Are you renting a new place in Prince Edward Island and your landlord is asking for rent before your lease officially starts? You're not alone. Understanding your rights when it comes to rent payments before the lease start date is important for every tenant. This guide covers PEI rules on rent collection, key protections under provincial law, and how you can respond if your landlord makes early demands.
When Can a Landlord Collect Rent in Prince Edward Island?
Under Prince Edward Island law, landlords can only require payment of rent on or after the day your lease begins, unless otherwise outlined by the Rental of Residential Property Act[1]. Requests for advance payment of rent covering time before your tenancy officially starts are not supported by provincial law.
Rental Deposits and Pre-Lease Payments: What's Allowed?
Landlords in PEI are permitted to collect a security deposit (sometimes called a damage deposit) before your tenancy begins, but there are clear limits:
- Security deposits can be no more than one month's rent.
- Deposits must only be used for damages or unpaid rent at the end of the tenancy.
- Landlords cannot require more than one month's rent in any form before the lease begins.
To learn more about security deposits and what they're for, visit Understanding Rental Deposits: What Tenants Need to Know.
What If Your Landlord Requests Advance Rent?
If a landlord in PEI asks you to pay several months of rent upfront, or demands rent for periods before your lease starts, the law does not require you to comply. Instead, you are only required to pay:
- First month's rent (on or after lease start date – unless otherwise agreed in writing)
- Permitted deposit (up to one month's rent) before moving in
Any additional demand for early rent may violate your rights under the Rental of Residential Property Act.
How to Respond to Early Rent Demands in PEI
Here are recommended steps if your landlord insists on early rent payment before your lease begins:
- Politely ask for written details about which payment your landlord wants and why.
- Explain you are aware of PEI's rules under the Rental of Residential Property Act which generally permits only a security deposit before move-in.
- If you feel pressured, contact the PEI Residential Rental Office for confidential advice.
- Keep records of all communication about rent and deposits.
Relevant Forms and When to Use Them
- Form 2: Application by Tenant (official link)
Use this form if your landlord demands improper rent payment, or is refusing to return an unallowed payment. Practical example: a landlord asks for two months' rent before lease start; you can apply to the Rental Office for an order about this issue. - Form 6: Security Deposit Return (official link)
If you paid a deposit or rent in advance and the tenancy does not proceed, use this form to apply for the money's return.
All forms are processed through the PEI Residential Rental Office, which acts as the official tribunal for landlord-tenant disputes in the province.
What Your Lease and Rental Agreement Should Say
Your rental agreement spells out when rent is due and how much you pay. Before signing, make sure:
- Rent is paid on or after the tenancy start date
- Security deposit terms align with PEI law
For a broader overview on what to do post-signing, read: What Tenants Need to Know After Signing the Rental Agreement.
Paying Rent in PEI: Your Rights
You cannot be required to pay rent for any period before your lease starts, except for the approved deposit amount. Review our Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for more advice on handling rent issues.
For additional background, visit Tenant Rights and Landlord Rights in Prince Edward Island. If you're seeking your next rental or want to compare options, Find rental homes across Canada on Houseme for hassle-free apartment hunting.
FAQs about Early Rent Payment Demands in PEI
- Can my landlord ask for multiple months of rent before my lease starts?
No, the law in PEI only allows a security deposit of one month's rent before the lease starts, plus first month's rent on or after the tenancy begins. - What should I do if my landlord refuses to let me move in unless I pay advance rent?
Do not pay additional amounts. Ask for reasons in writing and contact the PEI Residential Rental Office for help. - Is it legal for a landlord to refuse to rent to me if I don't pay early?
Landlords can select tenants, but cannot force you to pay more than allowed under the law as a condition of renting. - How do I get my deposit back if I decide not to move in?
You can use Form 6 (Security Deposit Return) through the Residential Rental Office. - What proof should I keep if my landlord asks for early payment?
Always save written requests, text messages, receipts, and payment confirmations.
Key Takeaways for Prince Edward Island Tenants
- Landlords can request a security deposit before the lease starts, but not multiple months' rent in advance.
- Rent is due only on or after your tenancy begins in PEI.
- If pressured for early payment, seek advice from the Residential Rental Office and keep records.
Staying informed helps protect your rights and avoid problems when starting a new rental agreement.
Need Help? Resources for Tenants
- PEI Residential Rental Office — file complaints, access forms, and get tenant advice
- PEI Rental of Residential Property Act — official tenancy legislation (full text)
- PEI Housing Services — tenant support and information
- For broader national searches: Find rental homes across Canada on Houseme
- Rental of Residential Property Act, RSPEI 1988, c. R-13.1. Full text and updates.
- PEI Residential Rental Office: Official website and forms
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