Prince Edward Island Landlord Maintenance Obligations Law

The Residential Tenancy Act (R.S.P.E.I. 1988, c. R-13.1), which took effect on 8 April 2023, establishes the primary legal framework for maintenance obligations in Prince Edward Island. PEI landlords have a legal obligation to maintain their rental properties. These obligations cannot be waived by the lease agreement. Tenants who experience a landlord's failure to maintain the property have legal recourse through the Rental Office, including applications for rent reductions and repair orders.

Core Maintenance Obligations

Under Section 28 of the Residential Tenancy Act, PEI landlords must maintain the residential property in a state of repair that:

• Complies with health, safety and housing standards required by law
• Having regard to the age, character and location of the rental unit, makes it suitable for occupation by a tenant

Specific Maintenance Responsibilities

Tenant Maintenance Responsibilities

While landlords bear the primary maintenance burden, tenants are also required to:

• Keep the rental unit in a reasonably clean condition
• Not cause damage beyond normal wear and tear
• Promptly report maintenance issues to the landlord
• Conduct minor maintenance as agreed in the lease (e.g., changing light bulbs, maintaining yard if specifically contracted)

Damage caused by tenant negligence or misuse is not the landlord's responsibility and may be deducted from the security deposit.

Responding to Maintenance Requests

When a tenant submits a maintenance request, landlords should:

1. Acknowledge the request in writing
2. Investigate and assess the issue in a reasonable timeframe
3. Make necessary repairs as promptly as the urgency requires

Emergency Repairs

For emergency situations that affect the health or safety of the tenant (e.g., loss of heating in winter, flooding, gas leaks, failure of the only toilet), landlords must act without undue delay. Section 29(1) of the Act defines 'emergency repairs' as repairs that are:

• Urgently required;
• Necessary for the health or safety of anyone or for the preservation or use of a residential property; and
• Made for the purpose of repairing:
  • Leaks in pipes or the roof;
  • Damaged or blocked water or sewer pipes or plumbing fixtures;
  • The heating system;
  • Damaged or defective stairs and entrances;
  • Damaged or defective locks or devices that give access to a rental unit;
  • The electrical system; or
  • In prescribed circumstances, a rental unit or residential property.

Non-Emergency Repairs

For non-urgent but necessary repairs, landlords should respond within a reasonable time proportional to the severity. There is no fixed statutory deadline for non-emergency repairs in PEI, but prolonged inaction may expose the landlord to Rental Office complaints.

Tenant Remedies for Landlord Non-Compliance

When a landlord fails to meet maintenance obligations, tenants may apply to the Rental Office for:

• An order requiring repairs to be completed within a specified timeframe
• A rent reduction reflecting the diminished value of the unit during the period of disrepair
• Termination of the tenancy in serious cases where the property is unfit for habitation

Tenants should document all repair requests in writing (email or text) and keep records of the landlord's responses (or lack thereof).

Landlord's Right to Enter for Repairs

Landlords must provide 24 hours' written notice before entering a unit to make repairs, as per Section 23(1)(c) of the Act. This notice must state the purpose of the entry and the date and time of entry. Entry must be between 9 a.m. and 9 p.m. No notice is required in genuine emergencies where immediate entry is required to prevent damage or address a safety hazard.

Best Practices for Landlords

• Respond to repair requests promptly and in writing — a documented paper trail protects you if a dispute arises
• Conduct annual property inspections (with 24 hours' notice) to proactively identify issues before they become emergencies
• Keep records of all maintenance work completed, including invoices from contractors
• Ensure smoke and CO detectors are tested between tenancies and at annual inspections
• Budget for capital repairs to aging systems (roofing, HVAC, plumbing) to avoid emergency expenses

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How Landager Helps

Landager helps PEI landlords maintain compliance by centralizing maintenance requests, tracking repair timelines, and ensuring all communication is documented for potential IRAC hearings. The platform provides a secure digital trail of property inspections and completed repairs, safeguarding your investment and ensuring you meet the statutory requirements of the PEI Residential Tenancy Act.