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Office of the Director of Residential Rental Property

Residential Rental Property

Office of the Director of Residential Rental Property

  • Are you a Tenant?
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    • Entering a Rental Agreement
    • Eviction Process for Tenants
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Forms

A Notice is an important document usually given by a landlord. Please carefully review all Notices as there may be deadlines for response.

An Application is filed with the Rental Office by a landlord or tenant to request an Order (this starts a proceeding).

For more information on a form listed below, click on the form title. To obtain a PDF copy, click on the red icon.

Form 1 – Rental Agreement (Standard Form Rental Agreement)

This is the standard written rental agreement or ‘lease’.

Landlords and tenants fill in the blanks (examples: names, rent, security deposit etc.) and then sign at the bottom of page 2. Any other terms (example: no smoking) must be written or typed into Schedule “D” (page 5).

Form 2 – Application for an Order (Application for Enforcement of Statutory or Other Conditions of Rental Agreement)

This is a general application to the Rental Office by a landlord or tenant.

An Application for an Order (Form 2) may be used to request one or more of the following:

(a) an order requiring that a landlord continue providing a service (such as heat)
(b) an order allowing a landlord to stop providing a service and adjust rent
(c) an order allowing a sublet or assignment
(d) an order terminating the rental agreement
(e) an order requiring that rent be paid to the landlord or returned to the tenant
(f) an order allowing the landlord to keep the security deposit or requiring that the security deposit be returned to the tenant
(g) an order requiring that any amount found to be owed be paid
(h) an order requiring a tenant to vacate a rental unit
(i) other (examples: permitting a landlord to dispose of a tenant’s abandoned property, or requiring a landlord to carry out repairs)

Form 3 – Notice by Tenant to Vacate (Notice of Termination by Lessee of Rental Agreement)

This is a notice given by a tenant to a landlord to say that the tenant will be moving out on a certain date.

Form 4 – Notice of Eviction (Notice of Termination by Lessor of Rental Agreement)

This is an eviction notice given by a landlord to a tenant.

If a landlord wants to evict a tenant, they must fill out a Notice of Eviction (Form 4), check off one or more of the reasons for eviction [(a) – (o)], and then give the completed Notice of Eviction (Form 4) to the tenant.

Form 5 – Application for Early Eviction (Application by Lessor for Earlier Termination)

This is an application to the Rental Office by a landlord to shorten the eviction process in emergency circumstances.

Where a landlord has given their tenant a Notice of Eviction (Form 4), and the landlord wishes to shorten the notice period due to emergency circumstances, the landlord may file an Application for Earlier Termination (Form 5) with the Rental Office. The landlord must also provide the Rental Office with a copy of the Notice of Eviction (Form 4) they gave to their tenant.

Form 6 – Application by Tenant to Dispute Eviction (Application by Lessee to Set Aside Notice of Termination)

This is an application to the Rental Office by a tenant to dispute a Notice of Eviction (Form 4).

Important: An Application by Tenant to Dispute Eviction (Form 6) must be filed within either 10 or 20 days of receiving the Notice of Eviction (Form 4) – the number of days (10 or 20) will depend on the reason(s) for eviction listed on the Notice of Eviction (Form 4).

Form 8 – Notice to Keep Security Deposit (Notice of Intention to Retain Security Deposit)

This is a notice given by a landlord to a tenant to explain why a landlord intends to keep the tenant’s security deposit.

Form 9 – Application by Tenant to Dispute Security Deposit (Application Re: Determination of Security Deposit)

This is an application to the Rental Office by a tenant to dispute a Notice to Keep Security Deposit (Form 8).

Form 10 – Notice of Rent Increase (Notice of Increase in Rent of Residential Premises)

This is a notice of rent increase given by a landlord to a tenant.

If a landlord wishes to increase rent, they must serve a Notice of Rent Increase (Form 10) on their tenant three months before the increase is to take effect.

Important: Please note that a landlord may not raise rent until 12 months have passed since the previous increase, or the date on which rent was first charged for the rental unit (if the unit is being rented for the first time).

Form 11 – Notice of Rent Increase – Other (Notice of Increase in Rent of Residential Premises Which are Exempted from Sections 21 and 23 of the Act)

This is a notice of rent increase given by a landlord to a tenant for the following types of housing:

  • Non-profit housing;
  • Co-operative housing;
  • Residential premises developed and financed under the National Housing Act or the Housing Corporation Act and administered by or for the Government of Canada, the Government of the province, or any agency thereof.

The Act’s rent control rules do not apply to these properties, however, a landlord must still serve the tenant with a Notice of Rent Increase – Other (Form 11) if they wish to increase rent.

Form 12 – Application for Greater than Allowable Rent Increase (Application by Lessor for Approval of Rent Increase Exceeding Percentage Allowed by Regulation)

This is an application to the Rental Office by a landlord for an order allowing a rent increase greater than the amount approved for that year by the Island Regulatory and Appeals Commission.

Form 13 – Application by Tenant to Dispute Allowable Rent Increase (Application by Lessee for Review of Proposed Rent Increase)

This is an application to the Rental Office by a tenant to dispute a Notice of Rent Increase (Form 10).

If a tenant receives a Notice of Rent Increase (Form 10) from a landlord indicating that the rent increase will be greater or less than the allowable amount, the tenant may file an Application by Tenant to Dispute Allowable Rent Increase (Form 13) with the Rental Office for a review of the proposed increase.

Important: If the Notice of Rent indicates the rent increase is greater than the allowable amount, landlord must file an Application for Greater than Allowable Rent Increase (Form 12) with the Rental Office to request an Order allowing the proposed increase. The Rental Office will send out a Notice of Hearing to all parties and the tenant(s) may attend the hearing if they wish to dispute the increase.

Form 15 – Landlord’s Financial Statement (Lessor’s Statement of Income and Expenses)

After a landlord has filed an Application for Greater than Allowable Rent Increase (Form 12), a landlord must complete the Landlord’s Financial Statement (Form 15) to set out the rental unit’s income and expenses and file it with the Rental Office.

Form 16 – Landlord’s Capital Expense Chart (Capital Expenditures Life Expectancy Chart)

This form sets out the life expectancy of various capital expenditures for rental units (examples: roof, plumbing, flooring etc.).

Application to Evict Because Rent is Often Late (Application by Lessor for an Order – Persistently and/or Habitually Late in Paying Rent)

This is an application to the Rental Office by a landlord to request an eviction order due to the tenant being persistently late paying rent.

Important: This application may only be filed after a landlord has given a tenant at least 3-4 Notices of Eviction (Form 4’s) for non-payment of rent.

Rental Unit Condition Report

This is an inspection report for landlords and tenants to complete together at the time of move-in and again at the time of move-out.

Application to Appeal an Order to IRAC (Notice of Appeal to IRAC)

This is an application to the Island Regulatory and Appeals Commission to appeal an order of the Rental Office.

If a landlord or tenant disagrees with a written order issued by the Rental Office, and they participated in the hearing, they may appeal to the Island Regulatory and Appeals Commission using this form.

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Office of the Director of Residential Rental Property

National Bank Tower
5th Floor, Suite 501
134 Kent Street
P.O. Box 577
Charlottetown, PE C1A 7L1

 Contact

askrental@peirentaloffice.ca
Tel 902-892-3501
PEI toll-free 1-800-501-6268
Fax 902-566-4076

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