• If you want to file an application
  • Before the hearing
  • During the Hearing
  • Step 1
  • Step 2
  • Step 3

Before you start, know what you are asking for, not just what the problem is. You can ask the Rental Office to do things like:

  • Order a landlord to pay money they owe
  • Make a landlord comply with their responsibilities
  • Reduce rent due to an illegal rent increase
  • Make a landlord return your personal property
  • Do necessary maintenance work on your rental
  • Return your damage deposit
  • Throw out eviction notices that do not comply with the law
  • Let you break a lease and move out early

Complete Form 2(A) TENANT APPLICATION TO DETERMINE DISPUTE. Knowing what to write in the forms can be intimidating ifyou’ve never done this before. Remember, it’s more important that you complete the form on time than it is that you word everything perfectly. You can find all forms on the Rental Office website: peirentaloffice.ca/forms

File your application with the Rental Office.

Residential Tenancy Office

Mail

5th Floor, National Bank Tower
134 Kent Street
PO Box 577
Charlottetown, PE C1A 7L1

Phone

902-368-7878

1-800-501-6268 (toll-free)

902-566-4076 (fax)

Before the Hearing

Plan to attend the hearing. Call in advance and request a date change if needed. You can file for a proxy which means someone can attend the hearing on your behalf if you inform the Rental Office in advance.Review the Rental Office’s ‘‘Frequently Asked Questions”
at peirentaloffice.ca/faqs/ for more information.

  • Getting Ready
  • Getting Help
  • Working with neighbours
  • Asking for Accommodations
  • Reviewing your landlord’s evidence
  • Being threatened or harassed by your landlord

Getting Help

It’s okay to ask for help. If you have questions before the hearing, theRental Office is able to answer them. Additionally, you may find it helpfulto connect with:

PEI Fight for Affordable Housing

Phone: 902-894-4573

Website: www.peifah.ca

Email: renting@legalinfopei.ca


Renting PEI

Phone: 902-940-5368

Website: www.rentingpei.ca

Email: renting@legalinfopei.ca

Getting Ready

Prepare what you want to present at the hearing. Writing it down aheadof time can be helpful. Include everything you want to say, but try to beconcise and don’t repeat statements. Include questions you want to askabout claims your landlord is making. If you wish to have a witness givetestimony, you must let the Rental Office know in advance. Evidencehelps to support your position, so include things you think will be helpful.

Some things to keep in mind when choosing evidence:

  • Quality over quantity. Don’t submit 12 pictures if 2 will do.
  • Evidence has to be fair and cannot be obtained illegally.
  • Make sure your evidence is relevant to the specific claim.
  • Evidence must be reliable. For example, a statement fromsomeone who didn’t see an event is not considered reliable.
  • Failing to ensure your evidence meets these conditions can resultin the Rental Office not allowing your evidence.

Your evidence might include:

  1. Proof of a previous amount charged for rent
  2. Receipt of payment
  3. Statements
  4. Doctor’s notes
  5. Tenency agreement
  6. Condition inspection report
  7. Letters, emails and text messages
  8. Written witness statements
  9. Receipts and invoices
  10. Photographs
  11. Video or audio recordings

Your deadline to submit evidence will be on your Notice of Hearing.

Make sure you provide the Rental Office with everything you intend to use in your hearing on time.
Be aware that your landlord will receive an exact copy of what you submit, so black out any third-party information you wish to conceal before submitting it.

While a written record of the initial hearing won’t be available, decisions from appeal hearings are available to read. Some tenants find it helpful to read cases that are similar to their own as a way of learning what to expect.

You can find past decisions on the Rental Office website: peirentaloffice.ca/orders-decisions/

If you can, reviewing the Residential Tenancy Act can be helpful. Some of the terms you’ll encounter during the process and their meanings are included at the end of this guide.

Working with neighbours

For some types of hearings, it may make sense for you to work with your neighbours. Working together is often helpful. If you will be working with your neighbours, here are some things to keep in mind:

Not everyone needs to speak at a hearing. It’s better to plan who will speak in advance and how you’ll divide up the presentation.

Meeting regularly throughout the process is helpful.

Plan a meeting a few days before the hearing. You may not receive the landlord’s evidence package until shortly before the hearing and you’ll want to go over it together. Some packages can be hundreds of pages, so plan how you’ll divide the research and share the work.

Living in a multi-unit building? Having one or two “floor captains” for each floor is a good way to share information with tenants quickly. It also helps tenants get to know their neighbours.

Asking for Accommodations

The Rental Office can provide some accommodations if they areneeded, but you need to ask ahead of time. Here are some examples ofaccommodations you could ask for:

If you file an appeal, you cansay dates that don’t work.

You can have a supportperson with you.

You can ask for a differentdate, if you do so in advance.

You can request anevening hearing.

Reviewing your landlord’s evidence

Often, your landlord will submit an evidence package to support their claim. These can be very big documents, and the timeline for review can be short. There are important things to look out for when you are reading through it. Make notes of what you find, and ask questions about these things in the hearing.

Being Renovicted?

  • These repairs must be significant enough to require ‘vacant possession’ of the unit. That means no one living there, and no personal belongings left behind. Could this work be done with you living there?
  • Check if any permits are necessary for this work, and if they have been acquired.

Being evicted for ‘personal use’?

  • Ask questions about how many people are coming, if the space is large enough for everyone, if travel arrangements have been made, if there are children, whether have they registered for school, etc.
  • A landlord can only end a tenancy for personal use for certain reasons, such as if they need the rental unit for a least one year to live in themselves, or for their parent, child or dependents to live in. A caregiver of those people could also be allowed.
  • Turning the unit into a short-term rental would not be allowed under personal use.

Do these numbers make sense?

  • Watch for round numbers with no supporting receipts or documentation.
  • Sometimes receipts submitted are simply handwritten notes and not actual receipts.
  • Checking that dates make sense can help identify issues.
  • Any vehicle costs claimed must include a travel log/km.
  • Watch out for services listed as included that aren’t actually being provided.

Are these actually capital costs?

  • Landlords often remortgage their property. But if that money wasn’treinvested into the building, it can’t be used as a valid expense for arent increase.
  • Doing a title search can help you learn the real cost of a building. Thissearch can be done during regular hours at the Registry Offices.There is an office in Summerside (Access PEI, 120 Heather MoyseDrive) and in Charlottetown (Jones Building, 11 Kent Street).

Read more about the Registrar of Deeds at: princeedwardisland.ca/en/information/finance/registrar-of-deeds

Being threatened or harassed by your landlord

Many renters worry that their landlords might punish them if they exercise their rights under the
Residential Tenancy Act (RTA). It’s illegal to threaten or harass someone to stop them from making an application or to retaliate against them for seeking help under the Act. Fines can be up to $25,000 for doing this.

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