If a tenant refuses to leave after receiving a valid eviction notice in Prince Edward Island, you cannot force them out yourself. You must file an Application (Form 2) with the Director of Residential Rental Property to get an official eviction order, which is then enforced by the local Sheriff.
Dealing with a tenant who refuses to vacate your property can be an incredibly stressful experience. 🏠 Whether you own a rental unit in Charlottetown, Summerside, or a rural community in Prince Edward Island, you must follow the correct legal procedures. Attempting to force a tenant out on your own is a serious offence and can lead to severe financial penalties.
This guide explains the exact steps you need to take when a Notice of Termination is ignored. It is highly recommended to browse our directory to find a local PEI lawyer who can ensure your paperwork is flawlessly prepared.
Step-by-Step Process in Prince Edward Island
The eviction process in PEI is strictly governed by the provincial Residential Tenancy Act. 📄 The Director of Residential Rental Property oversees these rules to protect the rights of both landlords and tenants.
Step 1: Wait for the Notice Period to Expire
Before taking any further action, ensure the move-out date on your Notice of Termination (Form 4) has officially passed. Tenants have the right to remain in the property until the very last day specified on the notice. If they simply refuse to leave after that date, you can proceed to the next step.
Step 2: File Form 2 with the Director
You must formally file an Application to the Director (Form 2). 📍 This document requests a hearing to obtain an official eviction order. You can submit this paperwork online, by mail, or in person at the rental office in PEI.
Step 3: Attend the Rental Hearing
Once your application is processed, a hearing date will be scheduled. Both parties will have the opportunity to present their evidence and defence. It is crucial to bring copies of the eviction notice, communication logs, and any proof of the tenant’s non-compliance.
Step 4: Enforce the Order via the Sheriff
If the Director rules in your favour, you will receive a formal eviction order. 👮 If the tenant still refuses to leave, you must take this order to the local Sheriff’s Office. Only a Sheriff has the legal authority to physically remove a tenant and change the locks.
How Much Does it Cost in PEI?
Evicting a tenant legally involves some financial planning. 💰 Here is a breakdown of typical costs you might encounter during this process:
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Application Filing Fee | $0 (Generally free) |
| Sheriff Enforcement Fee | $100 – $200 CAD |
| Lawyer Consultation | $200 – $400+ CAD per hour |
How Long Does the Process Take?
The timeline for legally removing a tenant can vary based on the current backlog of applications. ⏱ Typically, getting a hearing date takes about 2 to 4 weeks. After the hearing, if the order is granted, the entire enforcement process often takes a total of 4 to 8 weeks.
Frequently Asked Questions (FAQ)
Can I change the locks myself if the tenant refuses to leave?
No. Changing locks without a Sheriff present is considered an illegal lockout in Prince Edward Island. You could face hefty fines and be ordered to compensate the tenant.
Do I need a lawyer for the rental hearing?
While not strictly mandatory, having a local lawyer helps ensure your forms are filled out correctly and your arguments are legally sound.
What happens to the tenant’s belongings after an eviction?
If a tenant leaves belongings behind, the Residential Tenancy Act dictates specific timelines for how long you must securely store them before disposal or sale.
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