If you receive a Notice of Termination for unpaid rent in PEI, you have exactly 10 days to pay the overdue amount in full. Paying the entire balance within this strict 10-day window automatically voids the eviction notice, and you will not have to move out.
Falling behind on rent is stressful, and receiving a formal Notice of Termination from your landlord can feel overwhelming. Fortunately, the law in Prince Edward Island provides a safety net for tenants who simply need a few extra days to gather funds. Under the PEI Residential Tenancy Act, receiving an eviction notice for non-payment does not mean you are immediately forced out on the street. You have a legal right to cancel the eviction by paying what you owe.
However, the timeline is strictly enforced. Miss the deadline by even one day, and the landlord has the right to proceed with the eviction hearing at the Island Regulatory and Appeals Commission (IRAC). Understanding exactly how and when to pay your rent arrears is vital. Many tenants who are confused by the paperwork seek brief advice from a local law firm or tenant advocacy group to ensure they follow the rules correctly.
Step-by-Step Process to Cancel an Eviction Notice in PEI
Whether you rent an apartment in Charlottetown or a house in Montague, the process to halt a rent-related eviction is standardized across the province. 📝 Follow these steps to protect your housing.
Step 1: Review the Notice of Termination Carefully
When the landlord serves you with an eviction document for unpaid rent, it should clearly state the exact amount you owe and the date the notice was served. In PEI, this form typically gives you a 20-day notice to leave, but crucially, it includes a 10-day window to either pay the rent or dispute the notice.
Step 2: Pay the Exact Amount Owed Within 10 Days
To stop the eviction, you must pay the total amount of rent in arrears within 10 days of receiving the notice. Partial payments will not stop the eviction process. You must pay the balance in full. Make sure you use a traceable payment method, such as a bank draft, an e-transfer, or a certified cheque.
Step 3: Obtain and Secure Your Receipt
Never pay cash without getting an immediate written receipt. If you pay by e-transfer, take a screenshot of the confirmation showing the date, time, and the landlord’s email address. This documentation is your absolute proof that you met the 10-day legal requirement.
Step 4: Inform the Landlord and Keep Records
Send a polite written message (email or text) to your landlord confirming that the rent has been paid in full within the 10-day period. Under PEI law, once the full payment is made on time, the Notice of Termination is legally void. If the landlord still tries to file for an eviction hearing with IRAC, your proof of payment will instantly get their application dismissed.
How Much Does it Cost?
Stopping the eviction by paying your rent does not involve any court fees, but there are financial details to keep in mind.
- The Rent Arrears: You must pay 100% of the rent you owe. If you owe $1,200 CAD, paying $1,150 CAD will not legally void the notice.
- Late Fees: If your lease agreement includes a legal late payment fee, you must also pay this fee to clear your account fully. In PEI, late fees must be reasonable and explicitly stated in your tenancy agreement.
- No Administrative Penalties: You do not have to pay the landlord for the cost of printing the notice or for their “time.” You only owe the rent and any valid late fees.
| Action Taken by Tenant | Timeframe from Notice | Resulting Status |
|---|---|---|
| Pays Rent in Full | Within 10 Days | Notice is Void (Eviction Stopped) |
| Pays Rent in Full | Day 11 or later | Landlord can proceed with Eviction |
| Pays Partial Rent | Within 10 Days | Landlord can proceed with Eviction |
How Long Does the Process Take?
The timeline here is entirely in your hands, restricted by the strict 10-day limit. The 10-day clock starts the moment you are legally served with the notice. For example, if you receive the notice on May 1st, you have until May 11th to pay the balance in full. If you fail to pay within those 10 days, and you do not file a dispute with IRAC, the landlord can apply to the Director of Residential Rental Property for an Order of Possession to remove you.
Frequently Asked Questions (FAQ)
What happens if I pay on day 12?
If you pay after the 10-day window has closed, the Notice of Termination is not automatically voided. The landlord can accept the money as payment for the debt but still proceed with the eviction, unless they explicitly agree in writing to let you stay.
Can the landlord refuse my payment within the 10 days?
No. Under PEI law, the landlord must accept the full rent payment if it is offered within the 10-day cancellation period. If they refuse, keep proof that you attempted to pay (like an unaccepted e-transfer) and contact IRAC immediately.
What if I disagree with the amount the landlord says I owe?
If you believe the landlord has miscalculated the rent, you must file a dispute application with the Director of Residential Rental Property within 10 days. Do not simply ignore the notice.
Does this 10-day rule apply to evictions for bad behaviour?
No. The 10-day cancellation rule applies exclusively to evictions for non-payment of rent. If you are being evicted for causing damage, disturbing neighbours, or breaching other lease terms, paying rent will not void the notice.
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