In Prince Edward Island, landlords cannot simply throw away a tenant’s left-behind belongings. Under the Residential Tenancy Act, you must inventory the items, store them securely, and file a Form 2(B) with the Director of Residential Tenancy to get legal authorization before disposing of or selling the abandoned property.
Finding a rental unit filled with abandoned furniture, clothes, or trash after a tenant moves out or is evicted can be incredibly frustrating. It is a common problem for landlords across Prince Edward Island. However, tossing everything into a dumpster immediately can lead to serious legal consequences.
The PEI Residential Tenancy Act has strict rules regarding abandoned personal property. To avoid paying damages to a former tenant, property owners must follow a specific legal procedure through the Island Regulatory and Appeals Commission (IRAC). Below is a step-by-step guide to legally handling abandoned items.
Step-by-Step Process in Prince Edward Island
Whether your rental property is located in Charlottetown, Summerside, or Stratford, the legal requirements for dealing with abandoned goods are exactly the same across the province. Here is what most successful landlords do to remain compliant.
Step 1: Confirm the Unit is Actually Abandoned
Before touching any belongings, you must be absolutely certain the tenant has vacated. If the tenant returned the keys, told you they left, or the Rental Office issued an eviction order that has passed its deadline, you can enter the unit. If you merely suspect abandonment, you should serve a 24-hour notice of entry to inspect the premises first.
Step 2: Inventory and Secure the Property
Do not throw anything away yet. You must create a detailed written inventory of every item left behind, from mattresses to kitchenware. It is highly recommended to take clear photographs or a video of the property exactly as you found it. After documenting, you must store the items securely, either in the rental unit itself or in a dry, safe storage facility.
Step 3: File Form 2(B) with the Rental Office
To legally dispose of or sell the goods, you must apply to the Director of Residential Tenancy. You do this by filling out Form 2(B) Landlord Application to Determine Dispute. Submit the form along with your inventory list and photos to the Rental Office at IRAC.
Step 4: Await the Director’s Order
You must hold onto the belongings until a Rental Office hearing takes place and an official Order is issued. The Director will typically issue an Order permitting you to dispose of the garbage and sell or donate items of value. If the items are sold, the proceeds usually go toward any unpaid rent or damages, with any remainder held by the Director.
How Much Does it Cost in Prince Edward Island?
Dealing with abandoned property involves both time and financial costs. While the government application itself is free, landlords often face out-of-pocket expenses:
- Filing Fees: $0 CAD (Submitting forms to the PEI Rental Office is generally free).
- Storage Costs: Varies. If you rent a commercial storage unit in PEI, expect to pay between $100 and $250 CAD per month depending on the volume of belongings.
- Removal and Cleaning: Junk removal services in Charlottetown or Summerside can cost between $150 and $500 CAD, depending on the severity of the mess.
- Legal Fees: If you hire a local PEI landlord-tenant lawyer to handle the IRAC application and hearing, flat fees typically range from $300 to $800 CAD.
How Long Does the Process Take?
The timeline heavily depends on the Rental Office’s schedule. Once you file your application, a hearing is usually scheduled within a few weeks. After the hearing, it may take an additional 1 to 3 weeks to receive the written Order allowing disposal. In total, expect to store the items for at least 30 to 60 days before you get the green light to remove them.
Frequently Asked Questions (FAQ)
Can I hold the property hostage until the tenant pays unpaid rent?
No. Under the PEI Residential Tenancy Act, it is illegal for a landlord to seize a tenant’s personal property to compensate for unpaid rent. You must allow the tenant to retrieve their belongings if they ask, and separately pursue the rent owed through IRAC.
What happens if I throw the items away without an Order?
If you dispose of the property without legal authorization, the tenant can file a claim against you with the Rental Office. You could be ordered to pay the tenant the replacement value of all discarded items, which can run into thousands of dollars.
Does this apply to obvious garbage?
Technically, the law requires an inventory of all items. However, the Director routinely issues Orders allowing the immediate disposal of unsanitary items or obvious trash. You still need to photograph the mess and include it in your application to protect yourself.
Can I charge the tenant for the storage costs?
Yes. You can include your storage and moving costs in your claim against the tenant for damages and outstanding fees at the Rental Office. Collecting those funds, however, depends on whether the tenant has the means to pay.
Leave a Reply