What to Do If Your Landlord Skips the Move-Out Inspection in PEI

As a tenant moving out of a rental unit in Prince Edward Island, it's essential to know how to protect your rights—especially if your landlord does not complete a move-out inspection. This article explains your options under PEI law, how to safeguard your security deposit, and useful steps if your landlord chooses not to do the inspection with you present.

Why Move-Out Inspections Matter in Prince Edward Island

A move-out (or final) inspection is a critical part of ending a tenancy. The inspection documents the unit's condition and helps determine if any part of your security deposit can be withheld for cleaning or repairs. In PEI, the Rental of Residential Property Act outlines both landlord and tenant responsibilities regarding inspections and deposits¹.

What If Your Landlord Doesn't Do a Move-Out Inspection?

Sometimes, a landlord may fail to offer or conduct the inspection when you move out. Here's how this might affect you:

• If you ask for an inspection and the landlord refuses or neglects to participate, it does not automatically forfeit your right to receive your security deposit back.
• The burden is generally on the landlord to prove any claim for damages that go beyond normal wear and tear.
• Documenting your own move-out condition becomes especially important if the landlord skips the official inspection process.

Protect Yourself: Steps to Take if There Is No Move-Out Inspection

To avoid disputes and protect your deposit, take the following actions if your landlord doesn't do a move-out inspection:

• Provide written notice to your landlord requesting an inspection near your move-out date.
• Take clear, date-stamped photos or videos of every room, appliance, and fixture after your belongings are removed and the unit is cleaned.
• Prepare a detailed written checklist of the unit's condition.
• Ask a friend, neighbour, or family member to act as a witness during your final walk-through and sign your checklist.
• Keep a copy of all communication with your landlord about the inspection.

Security Deposits and PEI Rules

In PEI, the landlord must return your security deposit (plus any interest required by law) within 10 days after the tenancy ends, unless they apply to keep part or all of it for damages or unpaid rent. If there was no inspection and you provided proper move-out documentation, it may help your claim if you need to dispute deductions. For an in-depth look at the rules, see Understanding Rental Deposits: What Tenants Need to Know.

What Can You Do If There's a Problem with Your Deposit?

If you believe your landlord is unfairly withholding your deposit—or you disagree about damages—the main avenue for resolution is through PEI's Island Regulatory and Appeals Commission (IRAC) Rental Office.

Relevant PEI Official Forms & How to Use Them

• Form 9: Application for Dispute Resolution
  
  • When to use: File if you and your landlord disagree over the return of your deposit, or if no inspection was done and your deposit is withheld.
  • How to use: Complete and submit Form 9 to IRAC. Include your documentation (photos, checklist, correspondence).
  • Access Form 9 here (PDF)

After filing, IRAC will review the evidence and may hold a hearing. Both you and your landlord can explain your versions, so having thorough records is key.

For more on best practices when leaving a rental, check out Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

PEI Tenant Rights and Responsibilities

Both tenants and landlords have responsibilities under PEI's Residential Tenancies Act. If you want to read more about your legal protections, visit Tenant Rights and Landlord Rights in Prince Edward Island.

If you're starting your search for a new place, Find rental homes across Canada on Houseme—a convenient way to browse availability and compare listings nationwide.

FAQ: Prince Edward Island Move-Out Inspections

1. What if my landlord refuses to schedule a move-out inspection?
   Document your unit with photos, a written checklist, and send a written request. You can protect your deposit even if the landlord doesn't participate.
2. How do I challenge deposit deductions if no final inspection was done?
   Apply to the Island Regulatory and Appeals Commission (IRAC) using Form 9. Submit your evidence as part of your application.
3. Does my landlord have to return my deposit if there's no move-out inspection?
   Yes, unless they have evidence of damage or unpaid rent. Thorough documentation supports your position if there's a dispute.
4. How long does my landlord have to return my security deposit?
   They must return your deposit (and any interest) within 10 days of tenancy ending unless they file to keep it at IRAC.
5. Should I attend a move-out inspection if offered?
   Yes, attending allows you to discuss concerns and agree on the unit's condition directly with the landlord.

Conclusion: Key Takeaways

• Insist on written documentation if your landlord skips the inspection.
• Thorough photos and a witness can protect your deposit rights.
• Disputes over deposits are handled by IRAC—be proactive and prepared.

In summary, not having a move-out inspection in PEI doesn't remove your rights as a tenant. By staying organized and knowing the steps to take, you can guard against unfair loss of your security deposit.

Need Help? Resources for Tenants

• PEI Island Regulatory and Appeals Commission (IRAC) Rental Office – Information, forms, and how to apply for dispute resolution
• Rental of Residential Property Act – Full PEI tenancy legislation
• Community Legal Information PEI: legalinfopei.ca
• For general tenant rights and responsibilities, see Tenant Rights and Landlord Rights in Prince Edward Island

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1. Rental of Residential Property Act (Prince Edward Island)
2. Island Regulatory and Appeals Commission (IRAC) Rental Office

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