How to Evict a Tenant in PEI

In Prince Edward Island (PEI), a landlord cannot end a tenancy on a whim and cannot remove a tenant alone. The Residential Tenancy Act sets the grounds, the forms and the steps. The Office of the Director of Residential Tenancy, usually called the Rental Office, decides disputes first. The Island Regulatory and Appeals Commission (IRAC) hears appeals only. It does not take the first application.

The rule that shapes every other step is this: you may regain possession only if the tenant has moved out or abandoned the unit in the way the Act describes, or if the Director has made an order to vacate and that order has been sent to the sheriff. A notice by itself does not give you the right to change the locks or move the tenant out.

Hearings can be held by telephone, in writing, or both. The Rental Office explains the process on its hearing information page. There is no winter pause. The Rental Office says the eviction rules are the same all year.

It also helps to know what your tenant will be reading. The tenant-side view is in our PEI eviction process guide.

You need a ground the Act recognizes. The Rental Office says the only valid eviction notices are Form 4A (tenant has 10 days to dispute) and Form 4B (tenant has one month to dispute). The table below shows the main grounds for a month-to-month tenancy.

Each ground has its own conditions. A sale only counts for a building with fewer than three units (or a condo unit), with a signed agreement of purchase and sale and a sworn affidavit. A move-in notice requires the landlord to be an individual and the occupation to last at least a year. The no-fault grounds usually come with compensation, such as one month's rent plus reasonable moving expenses. The full breakdown is in our PEI landlord notice guide.

Fixed terms matter. A landlord cannot end a fixed term early on a no-fault ground. Those notices must end at the end of the term. At the end of a fixed term, the tenancy rolls into a monthly one on the same terms unless you have a valid ground.

1. Pick the ground and check the tenancy type. Confirm the reason, the notice period and whether the lease is fixed term or month to month.
2. Serve a signed notice on the right form. Use Form 4A or Form 4B from the Rental Office forms page. The periods run from the day the tenant receives the notice, so keep a record of when and how you delivered it.
3. Wait out the dispute window. That is 10 days or one month, depending on the form. A tenant who pays all overdue rent within 10 days voids a non-payment notice.
4. See what the tenant does. A tenant who disputes files Form 2A with the Rental Office and the Director decides. A tenant who does not dispute in time is treated as accepting the end date and must leave by it.
5. If the tenant stays, apply for an order. File Form 2B with the Rental Office. A copy of the application must go to the other party within five days.
6. Let the Director decide. The Director may refuse the application, try mediation, hold a hearing, or issue an order without one. An order is due within 90 days of the application, although a late order is still valid.
7. Send the order to the sheriff. The sheriff will not act until the time to appeal has passed. Serving an appeal stops the order from being enforced.

The Rental Office does not publish a typical total time that we could confirm, so plan around the notice periods, the dispute window, the order and the appeal period together. Our Ask page on how long an eviction takes gives the general picture.

Self-help is the fastest way to turn a strong case into a weak one. In PEI the following are not allowed.

• Changing the locks. A landlord may change a lock only if every tenant gets a new key as soon as practicable. Locking a tenant out is not a way to get possession.
• Taking the tenant's belongings. A landlord cannot seize a tenant's personal property or block the tenant's access to it. Seizing goods for unpaid rent (distress) is abolished.
• Cutting services. A landlord cannot end or restrict a service the tenant uses as part of living in the unit, and the Act counts utilities and heat as services. There is no exception for unpaid rent.
• Evicting because the tenant complained. The Human Rights Act bars evicting a person for making a complaint or helping with one.

Breaking the Act can bring an administrative penalty of up to $10,000 per breach from the Director, and it is an offence with a fine of up to $25,000. If you are tempted to shortcut the process, the faster and safer route is the application on Form 2B.

Most delays come from a few avoidable mistakes.

• Wrong form or wrong period. The Director can declare a notice invalid, or set aside or amend one that does not follow the Act. You may have to start again.
• Serving too early or too short. Check the earliest end date for your ground before you pick a date on the form.
• Using a no-fault ground in a fixed term. It cannot end the tenancy before the term does.
• Bad-faith move-in or sale notices. A former tenant can apply within a year after moving out. For a move-in notice, re-advertising the unit for rent, renting it to someone else or listing it for sale is presumed bad faith unless you prove otherwise.
• Accepting rent and signing something. Taking arrears or payment for use of the unit after a notice does not cancel the notice. A written agreement that says otherwise can, so read what you sign.
• Assuming there is no tenancy. A tenancy agreement can be written, oral or implied. A person who pays rent and is accepted without a written lease may still be a tenant.

The tenant may also appeal an order to IRAC. The deadline is 20 days from the order, or 7 days for an order to vacate for unpaid rent or cause. Serving the appeal stays the order. IRAC must hear the appeal within 30 days and it is a full re-hearing. A further appeal to the Court of Appeal is on a question of law only, within 15 days. See the Rental Office appeals page for how appeals are filed.

If the tenant moves out without ending the tenancy and rent is overdue, the unit counts as abandoned only if all three are true: the tenant has vacated, the tenancy was not ended properly, and rent is overdue. At least 24 hours before you enter, post a notice in a conspicuous place saying you believe the unit is abandoned and when you will enter. If the tenant tells you it is not abandoned, you must not enter. Our Ask page on abandoned property covers the general idea.

Belongings left behind follow their own rules. Store them safely for at least one month, unless the Director orders a shorter period, and give the Director an inventory (and the tenant a copy if you can find the tenant). You cannot seize abandoned belongings to cover unpaid rent.

The deposit follows its own clock. Within 15 days after the tenancy ends, return it with interest or file Form 2B claiming against it. Keeping money without either step is allowed only with the tenant's written agreement at the end of the tenancy or to cover an earlier unpaid Director order. Missing the deadline means you cannot claim against the deposit and must pay the tenant double. Money you are owed above the deposit is claimed through the Rental Office, and an application can be made during the tenancy or within six months after it ends.

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