Changing the Locks in PEI

Section 26 of the Residential Tenancy Act says you may not change a lock or other means of access to the unit or the common areas unless you give each tenant a new key or other access means as soon as practicable. The Act does not say what "as soon as practicable" means in hours or days, and no official page reviewed sets a time limit. As a practical step, hand the tenant the new key when you change the lock, so timing is never in dispute.

A tenant has the same limit in reverse. The tenant may not change a lock or access means unless you agree in writing or the Director has ordered the change.

The tenant also has a right to exclusive possession of the unit, subject only to your right to enter under section 23. A lock change that leaves a tenant unable to get in cuts against that right.

You may not charge a fee for replacement keys or other access devices when the replacement is needed because you changed the locks. You may charge the actual cost of replacing keys, and the actual cost of additional keys the tenant asks for.

When the tenancy ends, the tenant must hand over all the keys and other means of access. Note it on the move-out paperwork. For the end-of-tenancy steps, see our PEI notice to end tenancy guide.

The sources reviewed do not say how many keys a tenant is entitled to, and they have no specific rule on a landlord adding a lock, because section 26 speaks of changing one.

• Restricting access. You must not unreasonably restrict access to the unit and common areas by the tenant or a person the tenant permits.
• Blocking belongings. You must not seize the tenant's personal property or block the tenant's access to it. The exceptions are a court order, another enactment, or abandonment handled under the Act's abandoned property rules.
• Charging for your own lock change. As above, no replacement key fee in that case.
• Harassing a tenant. Coercing, threatening, intimidating or harassing a tenant to deter an application, or in retaliation, is its own offence under the Act.

Separately, you have a duty to make sure the residential property is reasonably secure from unauthorised entry, including devices on exterior doors. Section 26 sets the rules for changing locks, so follow it if you change them for security reasons.

A tenancy can end only in the ways the Act allows: a valid notice, a written agreement to end it, or a Director's order enforced through the Sheriff. If the Director makes an order to vacate, it is enforced through the Sheriff, who may not act until the appeal period has run. Changing the locks is not a substitute. See how to evict a tenant in PEI and can a landlord evict immediately.

Abandonment has its own process. Under the Act, abandonment means the tenant has vacated, the tenancy has not been terminated, and rent is overdue. Before entering to take possession, you must post a notice at least 24 hours before entering, and you must not enter if the tenant says they have not abandoned the unit. See our PEI guide on belongings left behind and my tenant has disappeared.

If you breach the lock, access or related sections, the tenant may apply to the Director for an order. Orders can include an order to comply, compensation, compensation for inconvenience that the tenant may offset against future rent, and return of seized personal property. The Rental Office FAQ says a locked-out tenant files Form 2(A), option (i), which covers changing the locks. The Rental Office FAQ has the wording.

Contravening the Act or a Director order can bring a fine of up to $25,000 on summary conviction, with each day a separate offence, and an administrative penalty of up to $10,000. The Act does not give a set damages figure for an illegal lockout. Any remedy comes from the Director's general powers.

One more rule: damaged or defective locks or devices that give access to a unit are on the Act's emergency repair list. A tenant may have emergency repairs done only when the conditions in the Act are met, and you must reimburse within seven days of a written claim with receipts.

The sources reviewed do not say anything about changing locks after a notice to end the tenancy or a Director order beyond section 26 and the Sheriff process. Ask the Rental Office. Forms are on the forms page. See the tenant-side PEI landlord entry guide too.

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