PEI Tenant Refuses to Leave After Notice: Your Enforcement Options

A Valid Notice Doesn't End Your Obligations

You served the right form, gave the correct notice period, the effective date has passed, and the tenant is still there. This is the point where many PEI landlords are tempted to take matters into their own hands — changing the locks, disconnecting utilities, or removing belongings. All of those are offences under Section 106 of the Residential Tenancy Act, carrying fines of up to $25,000.

The law is clear: only Sheriff Services can physically remove a tenant, and only after you've followed the full enforcement process.

Step 1: Get the Matter Before the Director

If the tenant has already filed Form 2A to dispute the notice, respond in that case. If the notice period has expired and the tenant has not disputed or vacated, file Form 2B (Landlord Application to Determine Dispute) with the Rental Office to request an order directing the tenant to vacate.

Within 5 days of filing Form 2B, Section 76(2) requires you to give the tenant a copy using a service method allowed by Section 100, including personal delivery, mail, email to an address 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.

Step 2: The Hearing

The Rental Office will schedule a teleconference hearing. Both you and the tenant will present your case to a Rental Officer. Come prepared with:

• The original notice (Form 4A or 4B) and your proof of service
• Rent ledger and lease agreement
• Any documentation supporting your termination ground (incident logs, purchaser affidavit, Form 6 approval, etc.)
• Evidence of compensation payment, if applicable

The Rental Officer will issue a written order. If they grant the Order of Possession, the tenant must vacate by the date specified.

Step 3: The Appeal Window

The tenant can appeal the Director's order to IRAC (Island Regulatory and Appeals Commission). The appeal deadline depends on the order:

• Non-payment (Section 60) or cause (Section 61): 7 days from receiving the order directing the tenant to vacate
• All other orders: 20 days from receiving the order

Filing an appeal automatically stays the eviction order. You cannot proceed to enforcement while an appeal is pending.

If no appeal is filed within the window, the order becomes final and enforceable.

Step 4: Court Filing or Direct Sheriff Enforcement

Once the appeal period has expired, a possession order may be sent directly to Sheriff Services for enforcement. Filing the order with the Supreme Court is another route, not a prerequisite. The court fee schedule lists $50 to file an administrative tribunal order without a minute of judgment.

Step 5: Sheriff Services

Contact Sheriff Services to execute the eviction. The fee schedule lists $125 plus mileage, with an additional hourly rate of $50 per sheriff. The Sheriff cannot enforce the possession order until the appeal period has expired. Once engaged, Sheriff Services will attend the property and enforce the order.

Timeline Expectations

From the date you file Form 2B to the date Sheriff Services executes the order, expect weeks to months depending on hearing scheduling, whether the tenant appeals, and how quickly you move through the court registration process. An uncontested case with no appeal might resolve in 3–4 weeks after filing. A contested case with an IRAC appeal can stretch to several months.

This is exactly why getting the initial notice right matters — every defect that forces you to restart adds months to the timeline.

The Ending a Tenancy in PEI guide maps the full post-notice enforcement sequence with filing deadlines, appeal windows, and fee schedules so you can plan each step before you need it.

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