A landlord can only evict tenants for valid reasons, known as cause, and they include the following three reasons:
1. Non-payment of rent
The tenant did not pay their rent:
- If a tenant does not pay the full amount of their rent on time, you can serve the tenant with an eviction notice. Form 4
A tenant has 20 days to vacate the premises for non-payment of rent unless:
- the tenant pays the full amount owed, with 10 calendar days, which will automatically invalidate the eviction notice
- If the tenant attempts to pay their rent within the 10 days, the landlord must accept the payment of rent
- However, if the tenant attempts to pay their rent after the 10 days, the landlord may choose to accept the payment of rent and continue with the eviction process
2. Behaviour or damage to the property
If a tenant or their guest has caused damage, disturbed other tenants, or has seriously impaired the safety or lawful right of the landlord or other tenants, the landlord may serve the tenant with an eviction notice.
The tenant will have 30 days to vacate the premises unless:
- The tenant files an application, Form 6, with the Rental Office to dispute the eviction notice within 10 days of receiving the notice.
- If the tenant disputes the reasons on the eviction notice and submits an application within 10 days, a hearing will be scheduled and the parties will have an opportunity to submit evidence and give testimony to support their side of the issue.
3. Sale of the property, renovations, or own use
Tenants can be evicted for the following reasons:
- If the landlord or a family member (a spouse, child, parents or in-laws) wishes to move into the premises;
- If the premises are being sold and the purchaser wishes to live in the premises;
- If the landlord is converting the premises into something other than a residential rental;
- If the landlord wants to renovate or demolish the premises.
A tenant has 60 days to vacate the premises unless:
The tenant files an application, Form 6, with the Rental Office to dispute the eviction notice within 20 days of receiving the eviction notice.
If the tenant disputes the reasons on the eviction notice and submits an application within 20 days, a hearing will be scheduled and the parties will have an opportunity to submit evidence and give testimony to support their side of the issue.
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Note: If a tenant is being evicted because a purchaser wishes to take possession of the premises, the landlord must attach a signed affidavit from the purchaser to the eviction notice.
Note: If a tenant is being evicted because of renovations, the landlord must attach an Appendix “A” to the eviction notice, outlining the details of the renovations.
What happens if the tenant does not dispute the eviction notice and does not move out on the date stated on the eviction notice?
If the tenant does not dispute the eviction notice by submitting an application to the Rental Office and does not move out on the vacate date, a landlord can file an application, Form 2, with the Rental Office for an Order for delivery of possession.
A delivery of possession means the landlord can request that the Rental Office issue an Order, which, if necessary, can be filed with the Supreme Court of Prince Edward Island and submitted to Sheriff Services to allow the Sheriff to put the landlord in possession of the premises.