Tenant Refuses Entry in Prince Edward Island (PEI)

It depends on whether you followed the rules. A tenant in Prince Edward Island (PEI) has a right to quiet enjoyment, which includes reasonable privacy and exclusive possession of the unit. That right gives way only to the entry situations the Residential Tenancy Act lists. If your reason is on the list and you gave proper written notice, the tenant cannot lawfully block you. If it is not, the tenant can say no.

The Office of the Director of Residential Tenancy, usually called the Rental Office, makes the first decision in any dispute. The Island Regulatory and Appeals Commission (IRAC) only hears appeals. So when entry becomes a fight, your next stop is the Rental Office, not the police and not a lock change.

This guide covers the landlord side. For what your tenant is told about the same rules, see the tenant-side guide to landlord entry in PEI. The Act is available from the Legislative Counsel Office.

Most entries need 24 hours written notice. The Rental Office also says an entry on notice must happen between 9 a.m. and 9 p.m. Here is how the main situations compare.

Put the date, the time window and the reason in the written notice, and keep a copy. A repair you would like done soon is not an emergency. Treat the emergency exception as narrow: a burst pipe or a fire risk fits, a dripping tap does not. For more on the general rule, see when landlords are allowed to enter.

A tenant can refuse when you have no valid reason, when you gave no written notice, or when you ask to come in outside the permitted hours. A request by text, a knock at the door or an offer to "pop by" does not replace written notice unless the tenant gives permission at the time of entry or in the 10 days before.

The tenant may choose to be home, but you do not have to wait for the tenant to arrive. The Rental Office also says you cannot require the tenant to be present or to be away. So "I will only come in if you leave" is not a condition you can set.

If you enter without a valid reason or notice, the tenant can apply to the Rental Office. Its application form lists entering the unit unlawfully and breaching quiet enjoyment as grounds. The Director can order compensation, reduce rent, order the landlord to comply, or impose an administrative monetary penalty of up to $10,000. Coercing, threatening, intimidating or harassing a tenant to stop an application, or in retaliation for one, is an offence with a fine of up to $25,000.

For a short answer on the same question, see can a tenant refuse entry to a landlord.

Work through these steps in order. Keep a dated record of each one.

1. Check that your reason is on the list and that the entry is needed. An inspection or repair is covered. A vague wish to "check on things" is harder to defend.
2. Give clear written notice again, with a date, a time inside 9 a.m. to 9 p.m. and the reason. Keep proof of how and when you delivered it.
3. Offer another time. Many refusals come from a bad time, not from a standoff. A tenant who agrees can also give permission at the time of entry.
4. If the tenant still blocks a lawful entry, apply to the Rental Office. A landlord application is made on Form 2B, found on the Rental Office forms page. The Director can order a party who has breached the tenancy agreement to comply with it.
5. Follow the order. If the tenant ignores it, you are back to the Rental Office, not to self-help.

Be careful about ending the tenancy over refusals. The Act allows a notice for cause where a tenant fails to comply with a material term of the agreement and does not fix it within a reasonable time after your written notice. The research behind this guide does not say that refusing entry fits that ground, and that call belongs to the Rental Office. If you are weighing a notice, read the guide to landlord notices in PEI first.

Frustration leads landlords into the mistakes that cost them the most. In PEI, avoid these.

• Do not enter anyway. Entering without a valid reason or notice breaches the tenant's quiet enjoyment.
• Do not change the locks to gain leverage. You may change a lock only if every tenant gets a new key as soon as practicable. You also cannot charge for keys that became necessary because you changed the locks.
• Do not take or hold the tenant's belongings. A landlord cannot seize a tenant's personal property or block the tenant's access to it.
• Do not cut services. A landlord cannot cut off or restrict services reasonably related to living in the unit, such as utilities and heat, to pressure a tenant.
• Do not try to retake the unit yourself. You can regain possession only when the tenant has left or abandoned the unit under the Act's process, or when the Director's order to vacate has been sent to the sheriff.

For the order of steps if a dispute turns into a termination, see how to evict a tenant in PEI.

Showings are where entry disputes often start, so plan them early.

Potential purchasers

You can bring a buyer through with 24 hours written notice. You can send an agent only if you give the agent written authorization. Selling the unit does not end the tenancy, so the tenant stays and the rules above still apply to every visit.

Prospective tenants

You cannot show the unit to a possible new tenant just because you plan to re-rent. The tenancy must first be agreed to end, or one of you must have given a termination notice. Then you need 24 hours written notice, entry between 9 a.m. and 9 p.m., and a reasonable effort to tell the tenant before you walk in.

Appraisers, insurers and mortgagees

These visits also need 24 hours written notice. Tell them the notice window before you book them.

Group showings, open houses and a stream of visits can still wear on a tenant's reasonable privacy. Booking a few tight time slots with proper notice is easier on everyone than many short visits.

In an emergency you can enter without notice if entry is necessary to protect people's health, safety or welfare, or to avert or limit damage to property. Write down what you saw, why you had to go in and when. If you can reach the tenant before you enter, do so.

If a refusal turns into a longer dispute, the Rental Office is the place to apply. Its orders can be appealed to IRAC within 20 days, or 7 days for an order to vacate for non-payment or cause. The Rental Office FAQ is a good place to confirm current entry guidance before you give notice.

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