Landlord Notice to End a Tenancy in PEI

In Prince Edward Island (PEI), a landlord cannot simply end a month-to-month tenancy because the lease is inconvenient. The Residential Tenancy Act lists the grounds. The notice must be in writing, signed and on the right form. 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 Office of the Director of Residential Tenancy (the Rental Office) decides disputes. The Island Regulatory and Appeals Commission (IRAC) hears appeals only. The same rules apply in winter: the Rental Office says eviction rules are the same year-round.

For the full eviction sequence after the notice, see our PEI landlord eviction guide. The tenant's side is in the PEI ending a tenancy guide.

There are narrower grounds as well, such as end of employment and certain public housing situations. The Rental Office forms page lists the notices. Reasonable moving expenses means the lesser of the actual cost of the move or one month's rent, and compensation is due by the termination date in the notice.

Landlord, family or caregiver moving in. The landlord must be an individual, and the person moving in must occupy the unit for at least a year. You need at least 4 months' notice and you owe the compensation above. A tenant can dispute within one month. If you later re-advertise the unit for rent, rent it to someone else or list it for sale, it is presumed you gave the notice in bad faith unless you prove otherwise. A former tenant can apply within a year after moving out, and orders can include extra rent for a year, moving costs and an administrative penalty of up to $10,000. See our Ask pages on moving back into a property and how much notice a landlord must give.

Sale. A sale is a ground only for a building with fewer than three units, or a condo unit, with a signed agreement of purchase and sale and a purchaser who personally needs the unit. A sworn affidavit is required. Selling a larger building does not end the tenancy, because it continues with the new owner. The new owner must give the tenant written notice of the landlord's name and contact details and the deposit and interest held.

For demolition, conversion to non-residential use or renovation, you must hold all necessary permits and approvals first. Notice is at least 6 months (12 months for a mobile home owner on the site).

Renovations also need the Director's approval before you serve notice. File Form 6 (Landlord Application for Approval for Renovations and Repairs). After approval, serve Form 4B and choose the repairs or renovations reason. The work must be so extensive that it needs vacant possession. No compensation is owed where the work was ordered under an enactment or municipal bylaw.

For renovations, the tenant has a right of first refusal. The tenant must tell you in writing before moving out and keep you informed of any change of address. If the right is exercised, the tenant is owed rent for the lesser of one month or the renovation period, plus moving costs. If you breach it, the tenant can claim three months' rent plus moving costs, unless extenuating circumstances excuse you. The right of first refusal does not apply to demolition, conversion, own use or sale notices.

After any of these notices, a tenant may leave early by giving at least 10 days' written notice and keeps the compensation.

A landlord cannot end a fixed term early on a no-fault ground. Own use, sale, demolition, conversion and renovation notices must end at the end of the term. The for-cause notice has no end-of-term restriction in the text. At the end of a fixed term with no valid ground to end it, the tenancy is renewed as a monthly tenancy on the same rights and obligations. You cannot simply decline to renew.

Where waiting for the normal notice would be unreasonable or unfair, you can apply to the Director for an earlier end date and an order of possession for serious interference, a safety risk, a significant risk to property, illegal activity or unreasonable damage. If the Director grants that, no notice is needed. Other terms can change only if both sides agree or the Director orders it, and a lawful rent increase is the exception. Our PEI rent increase guide covers that.

1. Choose the ground and the form. Match the reason to Form 4A or 4B.
2. Count the period from receipt. The Act counts from the date the tenant receives the notice, so keep a record of when and how you delivered it.
3. Sign the notice and fill in the end date, which for cause must be the day before rent is due.
4. Wait for the tenant's response. The tenant disputes on Form 2A within 10 days or one month, depending on the ground.
5. If there is no dispute, the tenant is treated as accepting the end date and must leave by then.

The Director can declare a notice invalid, or set aside or amend one that does not follow the Act. If the tenant stays past the date, you apply on Form 2B for an order and send it to the sheriff. See our guide for a tenant who will not leave. Within 15 days after the tenancy ends, return the deposit with interest or file Form 2B claiming against it.

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