How to Become a Landlord in Prince Edward Island (PEI)

For ordinary long-term rentals, no provincial registration or licensing scheme was found. The Residential Tenancy Act has none, and no provincial landlord registry turned up in the official sources. You still need to follow the Act, which covers tenancies of rental units in Prince Edward Island (PEI).

Short stays are different. Tourism PEI says any temporary guest accommodation operating for a continuous period of less than one month must be licensed as a tourism property, whether it is marketed on a booking site or another way. In Charlottetown, operators also need a separate municipal short-term rental licence. The Act itself does not apply to tourism-licensed accommodation unless a guest stays two months or more continuously.

The Act also does not cover some housing types, such as hospitals and nursing homes, temporary shelters, student housing run by an educational institution, and co-op housing for members. Municipal rules such as zoning were not checked here, so ask your municipality before you rent. The Act is available from the Legislative Counsel Office.

For a short answer, see how to become a landlord.

Take these steps in order.

1. Confirm that the Residential Tenancy Act applies to your unit, and that you do not need a tourism licence.
2. Check that the unit meets the housing and health standards. Landlords must keep the property in a state of repair that complies with health, safety and housing standards and suits the unit's age, character and location.
3. Choose your applicants fairly. Application and screening fees are banned, and human rights and privacy rules apply. See screening tenants legally in PEI.
4. Prepare a written tenancy agreement with the required contents.
5. Collect no more than one security deposit, only when you sign the agreement.
6. Complete the move-in inspection with the tenant using Form 5.
7. Give the tenant a copy of the signed agreement within 10 days, at no cost.

The Rental Office lists every current form on its forms page. Use that page for forms, because some older Rental Office pages still describe the repealed Act.

For tenancies entered into on or after April 8, 2023, the landlord must prepare a written tenancy agreement. It must include set items, such as the names of the parties, the address, the start date, the period and the fixed-term end date if any, the services included in the rent, the rent and the day it is due, the deposit, and an emergency repair contact. Oral and implied agreements are still covered by the Act, but you must still prepare the written one.

The Rental Office publishes Form 1, the Standard Form of Tenancy Agreement. The research found no rule making Form 1 mandatory, but it is the Rental Office's own form and attaches the statutory conditions. Extra terms must not conflict with the Act.

Remember these points:

• The statutory conditions in the Act are part of every tenancy agreement. Any term that conflicts with them has no effect, and a tenant cannot waive rights under the Act.
• Terms can be changed only if both sides agree, apart from a lawful rent increase and a few other exceptions.
• A fixed term does not simply end. If it ends with no renewal option and no valid termination, the tenancy is deemed renewed as a monthly tenancy on the same terms.
• A person under 18 may enter into a tenancy agreement.

Fees are limited. You may charge the actual cost of replacement or extra keys the tenant requests, and a returned cheque fee equal to the bank's service fee plus up to $25. The Act does not list a late fee among the fees you may charge, so do not count on one. A guest fee is banned.

More on leases is in the PEI lease agreements guide.

Rent increases attach to the unit, not the tenant, so you cannot raise rent between tenants. See the PEI landlord security deposit guide for deductions and deadlines, and the PEI rent increase guide for the increase process.

Once the tenant moves in, the Act sets rules for how you behave.

• Repairs: keep the property in a state of repair that meets health, safety and housing standards. This applies even if the tenant knew of a problem before signing.
• Heat and water: where you supply heat, public health regulations require at least 65 F at all times. The owner must supply hot and cold running potable water at adequate pressure.
• Pests: the owner must treat infestations, and bed bugs are named. The tenant must report an infestation in writing to the owner and a public health official.
• Entry: 24 hours written notice for most entries, with an emergency exception.
• Services: do not terminate or restrict services reasonably related to the tenant's use of the unit as a home, including utilities and heat.
• Locks and belongings: do not change a lock without giving each tenant a new key, and do not seize the tenant's property.
• Quiet enjoyment: the tenant is entitled to reasonable privacy and freedom from unreasonable disturbance.

Breaching the Act can bring an administrative penalty of up to $10,000 from the Director, and it is an offence with a fine of up to $25,000.

A landlord needs a reason from a closed list to end a tenancy, and the official sources show no notice that can be given without a reason. Notice periods depend on the reason.

• Unpaid rent: Form 4A, ending the tenancy no earlier than 20 days after the tenant receives it. The tenant has 10 days to pay, which cancels the notice, or to dispute it.
• Cause: not earlier than one month after the tenant receives the notice. The tenant has 10 days to dispute it.
• Landlord, family or caregiver moving in: at least four months, and the landlord must be an individual.

Fixed terms limit no-fault notices, which must end at the end of the term. The guide to landlord notices in PEI goes through each reason.

The Rental Office decides disputes first. If a tenant stays after a valid notice, you apply to the Rental Office for an order, which can be sent to the sheriff for enforcement. You cannot regain possession any other way. Orders can be appealed to IRAC within 20 days, or 7 days for an order to vacate for non-payment or cause. Use the Rental Office FAQ to check current practice. To learn more about landlord rights, see what rights landlords have.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.