Tenant Left Belongings Behind in Prince Edward Island

If a tenant leaves belongings behind in Prince Edward Island, you cannot keep them, sell them or throw them out right away. Section 43 of the Residential Tenancy Act says you must store the property safely and hold it for at least one month, unless the Director of Residential Tenancy orders a shorter period. You must also give the Director an inventory, and give the tenant a copy if you can find them.

The Director is the Office of the Director of Residential Tenancy, usually called the Rental Office. It decides disputes first. The Island Regulatory and Appeals Commission (IRAC) only hears appeals from the Director's orders.

The rule applies whenever a tenant abandons the unit or vacates and leaves property behind. For a short version, see what to do if a tenant has abandoned property.

An empty-looking unit is not enough. The Act treats a unit as abandoned only when all three things are true: the tenant has moved out, the tenancy was not properly ended, and rent is overdue.

1. Post a notice in a conspicuous place on the property at least 24 hours before you enter to take possession.
2. In the notice, say you believe the unit is abandoned, say you plan to enter unless the tenant tells you before the stated time that it is not abandoned, and give the day and hour you will enter.
3. If the tenant tells you in time that the unit is not abandoned, do not enter.
4. Keep working to limit your losses. The Act requires a landlord to mitigate damages when a tenant abandons.

You cannot regain possession in any other way unless the tenant has vacated or abandoned the unit under these rules, or the Director has ordered the tenant out and the order has gone to the sheriff. If a tenant is still living there after a valid notice, read what to do when a tenant won't leave after notice. If you cannot reach the tenant at all, see what to do when a tenant has disappeared.

1. Move the property into safe storage off site, or store it on the residential property in a safe way.
2. Keep it for at least one month, or for the shorter period the Director orders.
3. Give the Director an inventory of what you are holding.
4. Give the tenant a copy of the inventory if you can locate them.
5. Let the owner take the property back during that period, and keep a record of who collected what and when.

Write the inventory plainly: item, condition and where it is stored. Photos help if there is a later argument about what was left.

You can apply to the Director, without notice to the tenant, for permission to dispose of the property before the month is up. The Director may allow it in only three situations:

• the property has no monetary value;
• the cost of removing, storing or selling it would be more than the sale would bring in; or
• storing it would be unsanitary or unsafe.

Do not decide any of these yourself. Get the Director's permission first.

Reclaiming. Within the storage period, the owner can take the property back by paying the reasonable costs you had to remove and store it. If you store it on the property, you may charge only the lesser of the standard rate at public storage facilities or the unit's monthly rent.

Selling. After the storage period you may sell the property on the terms the Director sets, subject to the rights of any secured creditor. From the money you collect, you may keep your costs and any compensation the Director ordered. You then send the balance to the Director with a written statement of account.

The Director holds the balance in trust. If nobody claims it within one year after the sale, the Director sends it, with the interest earned, to the province's Operating Fund. A claim can still be made to the Minister of Finance and Affordability within seven years of that date. You are not paying this out yourself, so do not hand sale money to the tenant or anyone else directly.

A mobile home is different. An abandoned mobile home has its own process under section 44: written notice by registered mail, electronic notice or a newspaper, then sale or retention beginning two months after the notices, and a tenant claim within one year.

• Do not seize the belongings to cover unpaid rent. Section 45 bars seizing abandoned property to make up for a breach, including unpaid rent. Section 19 also bars seizing a tenant's property or blocking their access to it during the tenancy.
• Do not change the locks to push a tenant out. A lock may be changed only if each tenant gets a new key as soon as practicable.
• Do not dump or sell early. The storage period, the inventory and the Director's terms apply even if you cannot find the tenant.
• Do not rely on old Rental Office web pages. The Rental Office's abandoned-property page still describes the repealed Rental of Residential Property Act. The current rules are in section 43 of the Residential Tenancy Act.

If the tenant has died, the research found no official guidance on who may remove a deceased tenant's belongings, and the Act does not address it. Ask the Rental Office before you let anyone take things.

The belongings rule is separate from the deposit. Within 15 days after the tenancy ends, you must either return the security deposit with interest or apply to the Rental Office to claim against it (Form 2B, option (e)). Missing that deadline means you cannot claim against the deposit and must pay the tenant double the deposit. See the landlord deposit guide for PEI.

You also need a move-out condition report on Form 5. If the tenant abandoned the unit, the Act lets you do the move-out inspection alone.

If the tenant comes back and says the unit was not abandoned, or disputes what you did with their things, the Rental Office decides. A party can appeal the Director's order to IRAC, within 20 days, or 7 days for an order to vacate for non-payment or cause. Keep your posted notice, photos, inventory and storage receipts.

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