The Future of “Reno-viction” in Prince Edward Island
The phenomenon known as “renoviction” has garnered much attention on Prince Edward Island in recent years. On November 17, 2021, the Province of Prince Edward Island passed Bill 122, which implemented a two-year moratorium on the ability of landlords to evict tenants to renovate their occupied units. While the government of PEI is currently in the process of updating the Rental of Residential Property Act, SPEI 1988, c. 58 (the “Act”) to place increased parameters on renovictions, the current Act has few requirements on the landlord’s ability to renovict. Specifically, according to section 15(1)(c) of the Act, if the landlord seeks, in good faith, to renovate the premises and cannot do so while the tenant continues to live there, the landlord can evict the tenant, so long as they have advised the tenant of the nature of the renovations. While this ability has been placed on hold until November 23, 2023 by Bill 122 and will be varied by the proposed amendments to the Act, the province has received some criticism from affordable housing advocates regarding the speed at which these amendments are taking place.
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