Tenant Won't Leave After Notice in PEI

When a valid notice runs out, the tenancy is meant to end on the date in the notice. A tenant who did not dispute in time is treated as having accepted that date and must vacate by it. But in Prince Edward Island (PEI), the end date alone does not let you remove the tenant.

The Residential Tenancy Act allows a landlord to regain possession only if the tenant has vacated or abandoned the unit as the Act describes, or if the Director has made an order directing the tenant to vacate and that order has been sent to the sheriff for enforcement. The Director here is the Office of the Director of Residential Tenancy, called the Rental Office. Our Ask page on what to do if a tenant refuses to move out gives the general picture.

The tenant-side view is in our PEI eviction process guide, which shows what your tenant is told about disputes and appeals.

Before you apply, go through the notice once more. Errors found at the hearing cost time.

• Right form and ground. Form 4A (10 days to dispute) is for unpaid rent and cause. Form 4B (one month to dispute) is for grounds such as your own move-in, a sale, demolition, conversion or renovation.
• Right period. Unpaid rent can end not earlier than 20 days after the tenant receives the notice. A cause notice runs not earlier than one month after receipt and ends the day before rent is due. Your own move-in needs at least 4 months.
• Dispute window closed. If the tenant filed Form 2A in time, the Director has to decide the dispute before you can ask for possession.
• Fixed term. A no-fault notice must end at the end of the term, not before.
• Signed notice and proof of when the tenant received it. The periods count from that day.
• No written deal that restarted the tenancy. Accepting rent or compensation after a notice does not cancel it unless you and the tenant agree in writing.

The Director can declare a notice invalid, or set aside or amend one that does not follow the Act. If you suspect a mistake, speak to the Rental Office before you apply.

1. File Form 2B. This is the landlord application to determine a dispute, on the Rental Office forms page. A copy must go to the other party within five days.
2. Wait for the Director's route. The Director may refuse the application, try mediation, hold a hearing, or issue an order without a hearing. Hearings can be held by telephone or in writing. A mediated settlement is signed and cannot be appealed.
3. Receive the order. The order is due within 90 days of the application, although a late order is still valid.
4. Send the order to the sheriff. Either the landlord or the tenant can send an order to vacate to the sheriff for enforcement.
5. Wait for the appeal period. The sheriff will not enforce the order until the time to appeal has passed.

The Rental Office does not publish a typical wait that could be confirmed, so do not promise yourself a date. Our Ask page on how long an eviction takes explains why the total varies.

A tenant who disagrees with the order can appeal to the Island Regulatory and Appeals Commission (IRAC), which hears appeals only. The notice of appeal is due within 20 days of the order, or within 7 days for an order to vacate for unpaid rent or cause. Serving the appeal stays the Director's order, so the sheriff cannot enforce it while the appeal is running.

IRAC must hear the appeal within 30 days, and it is a full re-hearing. A further appeal to the Court of Appeal lies within 15 days, on a question of law only. The Rental Office explains who files what on its rental appeals page.

Either side can also ask the Director in writing, within 15 days of receiving a decision or order, to correct or clarify it. A mediated settlement is not subject to appeal.

While you wait, the tenant still owes rent up to the day of moving out. You are entitled to compensation for use and occupation after the tenancy ends. Accepting it does not cancel your notice unless you agree in writing that it does.

• Do not change the locks unless each tenant gets a new key as soon as practicable. Locking a tenant out is not a way to get possession.
• Do not remove or keep belongings. A landlord cannot seize a tenant's personal property or block access to it, and cannot seize abandoned property to cover rent.
• Do not shut off heat, water or power. The Act counts utilities and heat as services and gives no exception for unpaid rent.
• Do not threaten or harass the tenant to make them drop a dispute or an appeal. That can be an offence with a fine of up to $25,000.

Breaking the Act can also bring an administrative penalty of up to $10,000 per breach. If you want the tenant out faster, the faster lawful path is a complete, accurate Form 2B.

If it looks like the tenant has gone, do not assume the unit is abandoned. The Act treats it as abandoned only if the tenant has vacated, the tenancy was not properly ended, and rent is overdue. At least 24 hours before you enter, post a notice in a conspicuous place stating your belief, your plan to enter and the day and hour. If the tenant replies that the unit is not abandoned, you must not enter. Belongings left behind must be stored safely for at least one month unless the Director orders a shorter period, and you give the Director an inventory. See our Ask page on a tenant who has disappeared for the general idea.

The deposit has its own deadline: within 15 days after the tenancy ends, return it with interest or file Form 2B claiming against it. Our PEI landlord deposit guide covers the rest.

If another person is living in the unit who is not on any agreement, the Act sets out no separate process for removing that person. Ask the Rental Office or a licensed legal professional how your situation fits.

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