Prince Edward Island (PE) eviction guide
Quick answer
Serve a written Notice of Termination giving 20 days to vacate (nonpayment); the tenant has 10 days to cure by paying all arrears. File an Application for Delivery of Possession with the Director of Residential Rental Property (IRAC). The Sheriff enforces any Delivery of Possession order.
| Legal grounds | Nonpayment of rent, lease violations (breach of quiet enjoyment, cleanliness, damage), landlord or family member moving in, sale to purchaser requiring vacant possession, demolition or major renovation |
|---|---|
| Minimum notice | 20 days (nonpayment of rent, monthly tenancy); 1 month (lease violation); 2 months (landlord personal use or sale) |
| Where to file | Office of the Director of Residential Rental Property (IRAC Rental Office), Charlottetown, PE |
| Filing fee | Approximately $10 CAD (complaint/application filing; confirm with IRAC at 1-800-501-6268) |
| Typical timeframe | 4 to 10 weeks from notice to enforcement depending on grounds and whether disputed |
Served once rent is unpaid from the second day of the month; the tenant can void the notice by paying all arrears within 10 days of receiving it.
Used for breaches such as failure to maintain cleanliness, interference with quiet enjoyment, or unreasonable damage to the property.
Served when the landlord needs possession for a family member, a purchaser, demolition, or renovations requiring a vacant unit.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve written Notice of Termination | Day 1 (once rent is 1+ day overdue) | Deliver Form 4-A or the appropriate notice form to the tenant specifying the reason, amount owed (if applicable), and the termination date. |
| 2. Wait for cure period or vacate date | 10-day cure period; 20-day total notice (nonpayment) | If the tenant pays all arrears within 10 days of receiving the notice, the notice is voided and no further action is required. |
| 3. Tenant may file Application to Set Aside | Within 10 days of receiving notice | If the tenant disputes the notice, they file an Application to Set Aside with the Director; the landlord must wait for the Director's determination before proceeding. |
| 4. Apply for Delivery of Possession | After vacate date passes and tenant remains | If the tenant does not leave by the termination date, the landlord files an Application for Delivery of Possession with the IRAC Rental Office. |
| 5. Director issues Delivery of Possession order | Within weeks of application | The Director investigates and may hold a hearing; if the eviction is upheld, a Delivery of Possession order is issued to the landlord. |
| 6. File order with Supreme Court and engage Sheriff | After order is issued | The landlord files the Delivery of Possession order with the PEI Supreme Court, which enables Sheriff Services to escort the landlord to the property and remove the tenant. |
The application filing fee with the IRAC Rental Office is approximately $10 CAD. Additional costs include sheriff enforcement fees payable to Sheriff Services upon engaging the Supreme Court process. Contact IRAC at 1-800-501-6268 to confirm the current fee schedule.
A Delivery of Possession order from the Director is filed with the PEI Supreme Court, after which Sheriff Services escorts the landlord to the property, removes the tenant if necessary, and permits the landlord to change the locks. Self-help eviction (locking out, removing belongings, or cutting services without an order) is illegal in Prince Edward Island.
General information, not legal advice. Governing statute: Rental of Residential Property Act, RSPEI 1988, c R-13.1 (for applications prior to April 2023); Residential Tenancy Act, SPEI 2023 (for applications filed on or after April 8, 2023). Self-help eviction is illegal everywhere; always follow the court process.
Prince Edward Island eviction FAQ
The landlord serves a Notice of Termination (Form 4-A) giving the tenant **20 days** to vacate, with a **10-day window** to pay all arrears and void the notice.
The **Office of the Director of Residential Rental Property**, administered by the Island Regulatory and Appeals Commission (IRAC), hears eviction applications in PEI.
Yes. Paying all outstanding rent within **10 days** of receiving a nonpayment Notice of Termination fully voids the notice and the tenancy continues.
The Delivery of Possession order is filed with the **PEI Supreme Court**, and **Sheriff Services** then escorts the landlord to the property and removes the tenant.
The process typically takes **4 to 10 weeks** from notice to sheriff enforcement, depending on whether the tenant disputes the notice and the Director's caseload.
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