PEI Form 2B: How Landlords Apply for an Order of Possession

When You Need Form 2B

Form 2B (Landlord Application to Determine Dispute) is the landlord's application for an order. You file it with the Rental Office when:

• Your notice period has expired and the tenant hasn't vacated or filed Form 2A to dispute it
• You're seeking a money order for rent arrears alongside or instead of an eviction

If the tenant has already filed Form 2A, that application is already before the Director; respond to that case instead of filing a separate Form 2B just to get a hearing. A tenant's refusal to leave does not give you the right to act on your own. The Director must issue an order directing the tenant to vacate before enforcement can begin.

Filing the Application

Download Form 2B from the Rental Office website at peirentaloffice.ca. Complete it with:

• Your legal name and contact details
• The tenant's full legal name and the unit address
• The specific relief you're seeking (order to vacate, money judgment for arrears, compensation for damage, or any combination)
• A summary of the facts supporting your claim

Submit the completed form to the Residential Tenancy Office. The Director may attempt mediation, require a hearing, or issue an order without a hearing, depending on the application.

The 5-Day Service Rule

This is the deadline that catches landlords off guard. Under Section 76(2), you must give a copy of the Form 2B application to the tenant within 5 days of filing. Use a service method allowed by Section 100, including personal delivery, mail (with 3-day deeming), email to an address the tenant provided for receiving documents, or posting at the rental-unit entrance.

If a party has not been served, Section 76(3) allows the Director to order that notice be given and that party be given an opportunity to be heard. Mark the 5-day window on your calendar the same day you file.

Preparing for the Hearing

Hearings are conducted by teleconference. A Rental Officer presides, and both parties present their case. What you need:

For a non-payment eviction:

• Itemized rent ledger showing amounts owed, dates due, and any partial payments
• The signed lease or Form 1 tenancy agreement
• Your Form 4A notice and proof of service
• Evidence that the 10-day cure window passed without full payment

For a cause-based eviction:

• Incident logs with specific dates, times, and descriptions
• Written warnings you sent to the tenant
• Third-party evidence: police reports, neighbour complaints, inspection reports
• Photos or documentation of damage

For a personal-use or purchaser-use eviction:

• Your Form 4B notice and proof of service
• Evidence of good-faith intention to occupy (or the purchaser's sworn affidavit)
• Proof that compensation was paid on time

Both parties submit their evidence to the Rental Office before the hearing. After the submission deadline, the Office compiles the evidence and provides each party with an evidence package.

After the Hearing

The Director issues a written administrative order. If the order grants possession, it specifies a vacate date. The tenant then has:

• 7 days to appeal an order directing the tenant to vacate for non-payment under Section 60 or cause under Section 61
• 20 days to appeal other orders

An appeal to IRAC automatically stays the order. Once the appeal period expires, a possession order may be sent directly to Sheriff Services; filing the order in court is another route, not a prerequisite.

Costs

Filing Form 2B itself has no fee. The costs come later:

• Supreme Court filing of an administrative tribunal order without a minute of judgment: $50. Court filing is not a prerequisite to sending a possession order to the Sheriff.
• Sheriff enforcement of an eviction order: $125 plus mileage, with an additional hourly rate of $50 per sheriff

These are modest compared to the months of lost rent that an overholding tenant can cost you — which is why getting the initial notice and service right the first time, so Form 2B proceeds smoothly, matters as much as it does.

The Ending a Tenancy in PEI guide walks through the full Form 2B process with a hearing-preparation checklist and evidence organizer, plus the post-hearing court-filing and Sheriff enforcement options.

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