Question 1

How much notice must a landlord give before entering a rental unit?

Accepted Answer

In Newfoundland and Labrador a landlord needs the tenant's consent or at least 24 hours' written notice stating the time of entry, and must enter at a reasonable time. Exceptions: emergencies, showings after notice to end, abandonment. A landlord must give at least 24 hours written notice stating the time of entry, and must enter at a reasonable time. The Act does not require the notice to give a reason. Otherwise the landlord may enter only with the tenant's consent or in one of three cases: in an emergency, without notice; once notice of termination has been given, to show the unit to a prospective tenant or purchaser at a reasonable time after making a reasonable effort to give at least 4 hours notice; or where the tenant has abandoned the premises under section 31, which has its own 24-hour posted notice. (Section 10, Statutory Condition 5.) General information, not legal advice.

Question 2

What is the maximum security deposit a landlord can charge?

Accepted Answer

In Newfoundland and Labrador a security deposit can be no more than 3/4 of the first month's rent (2 weeks' rent for a weekly tenancy), and any other money taken beyond the rent, such as a pet or key deposit, counts toward that limit. For a monthly or fixed-term tenancy a landlord may collect no more than 3/4 of the first month's rent. For a week-to-week tenancy the limit is the first two weeks' rent. Any money a landlord takes beyond the rent counts as part of the security deposit (s.14(2)), so a separate key, pet or damage deposit counts toward the same limit; if the total is over it, the tenant may deduct the overpayment from rent (s.14(3)). The landlord gives a written receipt stating the amount, the date and the premises (s.14(4)), and within 2 banking days puts the deposit in an interest-bearing account at a financial institution in the province (s.14(5)); a landlord with 3 or more rental premises must use a trust account used only for security deposits (s.14(6)). Interest is credited to the tenant at the rate set under the Security Deposit Interest Regulations (s.14(7)); the Director's published schedule lists 0% for 2026 and 1% for 2024 and 2025. (Section 14(1)–(7).) General information, not legal advice.

Question 3

When must a landlord return the security deposit after a tenant moves out?

Accepted Answer

In NL a landlord must return the security deposit, with interest, within 10 days after the tenant vacates, unless the tenant agrees in writing to how it is disposed of or the landlord applies to the Director of Residential Tenancies. Within 10 days after the tenant vacates, the landlord must return the full deposit, with the interest it has earned, unless the landlord has a claim against it. A claim does not by itself let the landlord keep anything. Under section 14(10) the landlord may keep part or all of the deposit only where the tenant agrees in writing to how it is disposed of, or where the landlord applies to the Director of Residential Tenancies under section 42 to decide it. If there is no written agreement and no application, the deposit goes back to the tenant in full. A list of deductions sent to the tenant is not a substitute for either. If the tenant applies first, the landlord has 10 days from being served with the tenant's application to make their own; a landlord who does not must return the deposit, and the Director may order its return without a hearing (s.14(11)–(13)). (Section 14(9)–(13).) General information, not legal advice.

Question 4

What late fees can a landlord charge for overdue rent?

Accepted Answer

In Newfoundland and Labrador the late fee is set by the minister: Policy 07-007 allows $5 for the first day rent is late and $2 for each day after, to a maximum of $75 for an unbroken run of unpaid rent. Where rent is not paid on time, a landlord may charge a late payment fee in an amount set by the minister. The Act itself does not name a figure; the minister's figure is in Residential Tenancies Policy 07-007: $5 for the first day and $2 for each day after, to a maximum of $75 for an unbroken run of unpaid rent (one maximum for the run, not one per month: Policy 02-004 applies it "in any consecutive number of rental periods"). Rent due on the 1st is due by midnight that day, so the first late day is the 2nd (Policy 07-007). Set the fee out in the lease, and tell the tenant in writing when you charge it: in decision 26-0284-NL the tribunal allowed a late fee only from when the tenant became aware it had been assessed. Paying the overdue rent, including the fee, before the date in a notice for unpaid rent cancels that notice (s.19(2)). Separately, where a rent cheque is returned NSF, the landlord may charge the tenant the same fee the financial institution charged the landlord, and no more. (Section 15; Residential Tenancies Policy 07-007 (and 02-004); see decision 26-0284-NL.) General information, not legal advice.

Question 5

Is there rent control in Newfoundland and Labrador?

Accepted Answer

No. Newfoundland and Labrador has no rent control: the Act sets no limit on the amount of an increase, but it limits when and how often rent can rise and requires written notice (section 16). No. Newfoundland and Labrador does not have rent control. The Act sets no limit on the amount of an increase. What it does control is timing: no increase during the first 12 months of the agreement or during a fixed term, no more than one increase in any 12 months, and written notice on the official form at least 6 months before the increase takes effect (8 weeks for a week-to-week tenancy). (Section 16 (the Act limits timing and notice, not the amount).) General information, not legal advice.

Question 6

How much notice must a landlord give before increasing rent?

Accepted Answer

In NL a landlord must give written notice of a rent increase at least 6 months ahead (8 weeks for a week-to-week tenancy), and may raise rent once in 12 months at most, never in the first 12 months or during a fixed term. Written notice, at least 6 months before the increase takes effect for a monthly or fixed-term tenancy, and at least 8 weeks for a week-to-week tenancy. The increase takes effect on the first day of a rental period, the day rent is due. Rent may be increased no more than once in a 12-month period, and not at all during the first 12 months of the agreement; Residential Tenancies treats a new agreement with the same tenant for the same unit as one continuous tenancy, so those first 12 months run from the first agreement (Policy 13-001). There is no cap on the amount. The notice must be on the official form, signed, and must state the effective date, the amount of the increase, and the new rent (s.16(4), s.34), and the notice period counts from when it is served under section 35. One exception: where the landlord adds a service or benefit not provided before, such as a parking space, the landlord and tenant may agree in writing to an increase for it without this notice (s.16(7)). (Section 16(2) and 16(3).) General information, not legal advice.

Question 7

What are the grounds for evicting a tenant?

Accepted Answer

In NL a landlord can end a tenancy without a reason by notice under section 18 (3 months monthly, 4 weeks weekly, a fixed term only at its end), or for cause under sections 19 to 24. Only a Director's order can remove a tenant. Two different things get called eviction here. A landlord may end a tenancy without giving a reason by serving notice under section 18: 3 months before the end of a rental period for a monthly tenancy, 4 weeks week to week, and for a fixed term 3 months before the end of the term (a fixed term cannot be cut short this way). Separately, the Act gives grounds for cause, each with its own steps. Unpaid rent (s.19): once rent is 5 days overdue (3 week to week), notice of not less than 10 days (3 week to week); paying in full, including any late fee, before the date cancels it, except from the third such notice in 12 months (s.19(2), (3)). A broken material term (s.20): first a written notice of the breach and a reasonable time to fix it; only then a notice given at least 1 month before the end of a rental period (7 days weekly), ending on the last day of a rental period. Premises not kept clean or damage (s.22): first a notice to comply; if the tenant does not comply within 3 days (or a reasonable time), a notice of not less than 5 days. Interfering with others' peaceful enjoyment (s.24): not less than 5 days. A tenant who makes the premises unfit for habitation (s.21(2)): notice effective immediately. Use the official form, and if the tenant does not leave, apply to the Director: only an order, enforced by the sheriff, can make them go. (Section 18, and Sections 19–24 for cause.) General information, not legal advice.

Question 8

Can a landlord prohibit pets in a rental unit?

Accepted Answer

Yes. In Newfoundland and Labrador a no-pets clause in the rental agreement is allowed and binds the tenant, but it does not apply to a service animal. The Residential Tenancies Act itself says nothing about pets. Yes. A landlord may include a no-pet clause in the rental agreement, and if the lease prohibits pets the tenant must comply with that term. A no-pet clause does not apply to a service animal owned or used by a person with a disability (Service Animal Act s.5(2)), and no fee may be charged for one (s.6). Note that the Act itself is silent on pets: none of the statutory conditions in section 10 addresses them, so this rests on the terms of the agreement rather than on a section of the Act. (Agreement term, not addressed by the Act; service animals: Service Animal Act s.5(2).) General information, not legal advice.

Question 9

What are the landlord's maintenance obligations?

Accepted Answer

In Newfoundland and Labrador the landlord must keep the rental premises in a good state of repair and fit for habitation, and comply with health, safety and housing laws, even if the tenant knew of a problem when renting. The landlord is required to keep the rental premises in a good state of repair and fit for habitation, and must comply with all health, safety, and housing standards required by law. This obligation applies regardless of whether the tenant was aware of any issues at the time of entering the lease. (Section 10, Statutory Condition 1.) General information, not legal advice.

Question 10

Can a tenant withhold rent if repairs are not made?

Accepted Answer

No. In Newfoundland and Labrador a tenant who withholds rent to force repairs is in arrears; the tenant's remedy is an application to the Director of Residential Tenancies for an order requiring the work. Not for repairs. A tenant who withholds rent to force repairs is simply in arrears; the route is an application to the director for an order requiring the landlord to do the work. There is one narrow case where the Act does suspend rent, and it is unrelated to repairs: where the landlord has failed to give the tenant a copy of the signed rental agreement, section 7(4) suspends the obligation to pay rent until the landlord provides it. Even then the rent is not forgiven: once the landlord complies, the tenant pays all the rent withheld (s.7(5)). (Section 42 (application to the director); Section 7(4)–(5).) General information, not legal advice.

Question 11

What happens to property a tenant leaves behind after moving out?

Accepted Answer

In NL a landlord must store a tenant's left-behind property safely for at least 30 days and give the Director an inventory; it can be disposed of only with the Director's authorization, or sold after 30 days on the Director's terms. The landlord must store it safely, either by removing it to safe storage or storing it on the premises, and must keep it for at least 30 days. An inventory goes to the director at the earliest reasonable opportunity, and to the tenant if the tenant can be located. The landlord cannot simply dispose of it: that requires the director's authorization, which is given where the property has no monetary value, where storage or sale would cost more than it is worth, or where storing it would be unsanitary or unsafe. A tenant who reclaims the property within the 30 days pays the landlord's reasonable removal and storage costs. If it is not claimed within the 30 days, the landlord may sell it on terms set by the director, keep the reasonable costs of removal, storage and sale (and any amount needed to satisfy a director's order for compensation) from the proceeds, and send the rest to the director with a written statement of account (s.32(9)–(10)). None of this applies where the landlord and tenant have a written agreement about storing the property (s.32(5)). (Section 32.) General information, not legal advice.

Question 12

Can a tenant sublet or assign their lease?

Accepted Answer

In Newfoundland and Labrador a tenant may assign or sublet only with the landlord's written consent, which the landlord must not withhold arbitrarily or unreasonably, and the landlord may charge only the actual expense of giving it. A tenant may assign or sublet with the landlord's written consent, and the landlord shall not arbitrarily or unreasonably withhold that consent. The landlord also may not charge for giving consent beyond the expenses actually incurred in giving it. (Section 10, Statutory Condition 3.) General information, not legal advice.

Question 13

Can a landlord or tenant change the locks on a rental unit?

Accepted Answer

In Newfoundland and Labrador neither the landlord nor the tenant may change a lock on a door that gives entry to the rental unit while the tenant lives there, except by mutual consent (Statutory Condition 6). Except by mutual consent, neither the landlord nor the tenant may alter a lock or locking system on a door giving entry to the unit while the tenant is living there. The Act stops at that. It does not go on to give either side a right to a key, so if a lock is being changed by agreement, settle the key question in that agreement. (Section 10, Statutory Condition 6.) General information, not legal advice.

Question 14

How must notices be served under the Act?

Accepted Answer

In NL a landlord may serve a notice in person, through someone 16 or older living with the tenant, by posting it at the unit or in the mailbox, or by registered mail, courier or email to an address the tenant gave for documents (s.35). The Act allows several methods, not just two: personally; to someone 16 or older who apparently lives there; posted in a conspicuous place; left in the mailbox or under the door; by prepaid registered mail or express post, or by courier, to an address the tenant provided or where the tenant carries on business; or electronically. Electronic service counts only where all three hold: the notice is in the same or substantially the same form as the written notice (in practice, the signed official form itself, not a summary of it), the tenant has provided an electronic address for receipt of documents, and it is sent to that address. The Act does not define "electronic address". Email to an address the tenant gave you for documents is the clear case; whether a phone number or Messenger account given for documents counts is not settled. The safe route is a method the Act clearly lists: in person, registered mail or courier to an address the tenant provided, or email to the address the tenant gave for documents. A casual text or portal message is not notice. If reasonable efforts to serve by these methods fail, the Director can order another method (s.35(4)). Timing differs by method: registered mail or express post is considered served on the fifth day after mailing, while an electronic notice is considered served the day it is sent if sent by 4 p.m., and otherwise the next day that is not a Saturday or holiday (every Sunday is a holiday). (Section 35(2), (4), (5), (6).) General information, not legal advice.

Question 15

What is the phone number for Residential Tenancies in NL, and where can I get help with a dispute?

Accepted Answer

In Newfoundland and Labrador, contact Residential Tenancies (Government Services) at 1-877-829-2608 or landlordtenant@gov.nl.ca. It gives information and mediates, and the Director decides applications for dispute resolution. Contact Residential Tenancies at the Department of Government Services (formerly Service NL). They provide information about rights and obligations and mediate disputes, and the Director of Residential Tenancies decides applications for dispute resolution and issues binding orders. You can reach them toll-free within NL at 1-877-829-2608, at 709-729-2608, or by email at landlordtenant@gov.nl.ca. Because of call volume you will usually be asked to leave a voice message with your name, phone number and any application number, and calls are returned in order. (Residential Tenancies Section, Department of Government Services; Section 42.) General information, not legal advice.

Question 16

Can a landlord increase rent during a fixed-term lease?

Accepted Answer

No. In Newfoundland and Labrador rent cannot be increased during a fixed-term lease, whatever the lease says. The one exception is a written agreement for a new service or benefit, such as a parking space (s.16(7)). No. Rent may not be increased during the term of a fixed-term agreement. This one is not negotiable by contract: section 16 opens with "notwithstanding another Act, agreement, declaration, waiver or statement to the contrary", so a clause in the lease purporting to allow a mid-term increase does not make it lawful. The one narrow exception is s.16(7): where the landlord adds a service or benefit not provided before, such as a parking space, the landlord and tenant may agree in writing to an increase for it. (Section 16(1)(b); Section 16(7).) General information, not legal advice.

Question 17

What can a landlord do if a tenant refuses to leave after the lease expires?

Accepted Answer

In NL, if no notice was given, a tenancy continues after a fixed term on the same terms and can be ended by month-to-month notice. If notice was given and has run out, the landlord applies to the Director for an order. First check whether the tenancy actually ended. Where a tenant stays on after a fixed term expires and no notice of termination was given, the tenancy does not end. It continues on the same terms and must then be terminated by notice, using the month-to-month periods (s.18(1)(b) and 18(2)(b)). Where notice was given, the tenancy continues until the notice period expires. If the tenant is still there after that, the landlord applies to the director for an order. A landlord should never remove the tenant or their belongings without one. (Section 8(3), Section 18, Section 42.) General information, not legal advice.

Question 18

Is a landlord required to provide rent receipts?

Accepted Answer

Yes, on request. In Newfoundland and Labrador a landlord must give a receipt for rent or other money paid when the tenant asks, and must keep a complete, up-to-date record of rent and other money received (section 17). Yes, on request: a landlord must give the tenant a receipt for rent or other money paid in relation to the premises. The Act does not list what the receipt must say. It does require the landlord to keep a complete, up-to-date record of rent and other money received, identifying the tenant and the premises it relates to. A receipt showing the amount, the date received, the period it is for and the address is good practice. (Section 17(1)–(3).) General information, not legal advice.

Question 19

Can a landlord prohibit smoking in a rental unit?

Accepted Answer

Yes. In Newfoundland and Labrador a rental agreement may include a no-smoking clause covering tobacco and cannabis. The Act does not address smoking, and such a clause cannot be added to an existing agreement unless the tenant agrees. Yes. A landlord may include a no-smoking clause in the rental agreement that covers both tobacco and cannabis (and may restrict growing cannabis too). If the lease prohibits smoking, the tenant must comply with that term. A landlord cannot add the clause to an existing agreement alone: it takes the tenant's agreement, or a new agreement after the old one has been ended by proper notice. Whether medical cannabis must be accommodated is a question under the Human Rights Act, 2010, for the Human Rights Commission. (Agreement term, not addressed by the Act.) General information, not legal advice.

Question 20

What must be included in a written rental agreement?

Accepted Answer

In NL a written rental agreement must reproduce the Act's statutory conditions without change (s.10(2)), and the tenant must get a signed copy within 10 days; until then rent is suspended, though not forgiven (s.7(4)–(5)). An agreement should cover the names of the landlord and tenant, the address, the rent and when it is due, the term, any security deposit, and anything else agreed. The one content rule the Act sets is that a written agreement must reproduce the statutory conditions in section 10(1) without variation or modification (s.10(2)). The rest of what the Act requires is about handing it over: at the start of the tenancy the landlord gives the tenant a copy of the Act and regulations, plus written notice of the landlord's name, phone number and address for service. Where the agreement is written, the tenant gets a signed copy within 10 days. For an oral or implied agreement, the landlord instead gives a written notice with the prescribed information within 10 days. Miss either and it bites. Under section 7(4) the tenant's obligation to pay rent is suspended until the landlord provides it (the withheld rent is then payable, s.7(5)). (Section 7(1)–(5), (7); Section 10(2).) General information, not legal advice.

Question 21

Can a landlord ask for first and last month's rent?

Accepted Answer

No, not the last month's. In Newfoundland and Labrador a landlord may not require or accept a prepayment of the last month's or last week's rent (s.12(1)(a)); extra money counts as security deposit, within the s.14 limit. Not the last month's. Section 12(1)(a) says a landlord shall not require a tenant to make, or accept from a tenant, a prepayment of the last week's or the last month's rent, so it cannot be taken even if the tenant offers it. Section 12(1)(b) also bars requiring or accepting a single rent payment that is greater than any other regular rent payment under the agreement, which rules out several months paid up front. Section 12 does not stop a landlord collecting the first month's rent when it falls due, and the agreement may provide for post-dated cheques or another post-dated payment method (s.12(2)). Beyond the rent, the only money a landlord may hold is a security deposit within the limit: 3/4 of the first month's rent for a monthly or fixed-term tenancy, or the first 2 weeks' rent week to week (s.14(1)). Any money received beyond the rent payable counts as security deposit (s.14(2)), and a tenant who paid more than the limit may deduct the overpayment from rent or recover it with interest (s.14(3)). (Section 12(1)–(2); Section 14(1)–(3).) General information, not legal advice.

Question 22

Can a landlord charge a pet deposit or a key deposit?

Accepted Answer

Only within the cap. In Newfoundland and Labrador any money a landlord takes beyond the rent counts as security deposit (s.14(2)), so all deposits together may not exceed 3/4 of the first month's rent (2 weeks' rent weekly). Only within the security deposit limit. The Act has one kind of deposit, the security deposit, and any money or other value a landlord receives from a tenant beyond the rent payable is considered part of it (s.14(2)). So a pet deposit, key deposit or damage deposit is not separate: together with any other deposit, the total may not exceed 3/4 of the first month's rent for a monthly or fixed-term tenancy, or the first 2 weeks' rent week to week (s.14(1)). If the total is over the limit, the tenant may deduct the overpayment from rent or recover it with interest (s.14(3)). All of it is held under the security deposit rules: a written receipt, an interest-bearing account in the province within 2 banking days, interest credited to the tenant, and return within 10 days after the tenant vacates unless the tenant agrees in writing to how it is disposed of or the landlord applies to the director (s.14(4)–(10)). Residential Tenancies Policy 02-004 adds that a landlord cannot charge the tenant for replacing locks unless the tenant or the tenant's guests damaged them. (Section 14(1)–(10); Residential Tenancies Policy 02-004.) General information, not legal advice.

Question 23

How much notice must a tenant give to end a month-to-month or week-to-week tenancy?

Accepted Answer

In Newfoundland and Labrador a tenant must give written notice at least one month before the end of a rental period for a month-to-month tenancy, or 7 days before the end of a rental period for week-to-week (s.18(1)). For a month-to-month tenancy, the tenant gives notice not less than one month before the end of a rental period; for a week-to-week tenancy, not less than 7 days before the end of a rental period (s.18(1)(a)–(b)). The notice must be given no later than the first day of a rental period and must state a termination date that is the last day of a rental period (s.18(9)(b)–(c)). It must be in writing on the form prescribed by the minister, signed, addressed to the landlord, identify the premises and state the section it is given under (s.34, s.18(9)(a)), and be served on the landlord by a method in section 35. No notice is needed where the landlord and tenant agree in writing to end the tenancy on a specific date (s.18(5)), and they may agree in writing to a longer notice period (s.18(6)). A tenant who has received the landlord's notice to terminate and wants to leave sooner still gives the tenant's notice (s.18(7)). On a fixed term, the tenant's notice is not less than 2 months before the end of the term (s.18(1)(c)). (Section 18(1), (5)–(7), (9); Section 34.) General information, not legal advice.

Question 24

Does a fixed-term lease renew automatically, and how does a landlord end it at the end of the term?

Accepted Answer

Not as a new fixed term. In NL, unless notice is given (landlord: at least 3 months before the term ends; tenant: 2 months), a tenant who stays on continues on the same terms, ended by month-to-month notice (s.8(3), s.18). A fixed term does not end by itself just because its end date arrives. To end it at the end of the term, the landlord must give notice not less than 3 months before the end of the term (s.18(2)(c)); the tenant's notice is not less than 2 months before the end of the term (s.18(1)(c)). The Act does not require the landlord to give a reason. The notice is on the official form, signed, given no later than the first day of a rental period, and served under section 35 (s.18(9), s.34). If no notice is given and the tenant stays on after the term, the tenancy continues under the same terms and conditions and can then be ended by month-to-month notice: 3 months before the end of a rental period from the landlord, one month from the tenant (s.8(3)(a)). If notice was given, the tenancy continues until the notice period expires (s.8(3)(b)). Rent cannot be increased during the term (s.16(1)(b)). A landlord and tenant may also agree in writing to end the tenancy on a specific date, and then no notice is needed (s.18(5)). (Section 8(3); Section 18(1)(c), (2)(c), (5), (9).) General information, not legal advice.

Question 25

Can a landlord end a tenancy to sell the property or to move in?

Accepted Answer

In Newfoundland and Labrador there is no special ground for a sale or for moving in. A landlord uses ordinary section 18 notice (3 months monthly, 4 weeks weekly); a fixed term runs to its end, and a sale alone does not end a tenancy. The Act has no separate ground for ending a tenancy because the property is being sold or because the landlord or a relative wants to live there, and a sale does not end a tenancy by itself. A landlord who wants the unit vacant uses the ordinary notice under section 18, which needs no reason: not less than 3 months before the end of a rental period for a month-to-month tenancy, 4 weeks for week-to-week, and for a fixed term not less than 3 months before the end of the term, so a fixed term cannot be cut short this way (s.18(2)). The notice must be on the official form and served under section 35. In a residential complex of more than 9 units, notices to 50 percent or more of the units within 3 months are restricted (s.28). If the property is sold with the tenant in place, the buyer becomes the landlord under the existing agreement and must immediately give the tenant written notice of their name, phone number and address for documents, and of the security deposit and interest held (s.7(8)); Residential Tenancies says a sale does not let the new landlord give shorter notice (Policy 03-004). While the property is for sale, the landlord may show it with 24 hours' written notice of the time, or, once notice of termination has been given, after a reasonable effort to give 4 hours' notice (Statutory Condition 5). A notice given in retaliation for a tenant's complaint or application is prohibited (s.29). (Section 18(2); Section 7(8); Section 28; Section 29; Residential Tenancies Policy 03-004.) General information, not legal advice.

Question 26

Can a tenant break a fixed-term lease early?

Accepted Answer

Only by a route in the Act. In NL a fixed term runs to its end unless the landlord agrees in writing, the tenant assigns or sublets with consent, or a listed case applies: certain ill-health cases, death, family violence, landlord breach. Only by one of the routes the Act provides. A tenant's notice on a fixed term is not less than 2 months before the end of the term (s.18(1)(c)), so ordinarily the term runs to its end. The routes out earlier are: the landlord and tenant agree in writing to end on a specific date (s.18(5)); the tenant assigns or sublets with the landlord's written consent, which the landlord may not arbitrarily or unreasonably withhold (Statutory Condition 3); one month's notice, with evidence, where the tenant's income is reduced by ill health, the person helping with the rent can no longer do so because of ill health, the tenant must live with a family member because of that person's ill health, the tenant is admitted permanently to a personal care home for the aged, or the tenant dies (s.18(8)); at least 30 days' notice, given within 90 days, where the director has issued a family violence certificate (s.25, s.26); and early termination for cause where the landlord does not remedy a breach of a material term, breaches Statutory Condition 1 (repair and fitness for habitation), or interferes with the tenant's peaceful enjoyment (s.20(1), s.21(1), s.23). A tenant who leaves without one of these may be liable for the landlord's lost rent, but the landlord must take reasonable steps to re-rent the unit (Statutory Condition 4), and Residential Tenancies awards lost rent only where the landlord has done so (Policy 06-003). (Section 18(1)(c), (5), (8); Sections 20, 21, 23, 25, 26; Section 10, Statutory Conditions 3 and 4.) General information, not legal advice.

Question 27

Is a verbal (oral) rental agreement valid?

Accepted Answer

Yes. In Newfoundland and Labrador a rental agreement can be written, oral or implied (s.2(h)), but for an oral one the landlord must give written notice of its terms within 10 days; until then rent is suspended, not forgiven (s.7). Yes. The Act defines a rental agreement as a written, oral or implied agreement (s.2(h)), and it applies wherever the relationship of landlord and tenant exists, for example where a tenant occupies the premises and has paid or agreed to pay rent (s.3). The statutory conditions in section 10 apply to an oral agreement like any other. But the landlord still has paperwork to do: within 10 days after entering into an oral or implied agreement, the landlord must give the tenant a written notice containing the information prescribed in the regulations (s.7(3)), and at the start, a copy of the Act and regulations and written notice of the landlord's name, phone number and address for documents (s.7(1), (7)). Residential Tenancies Policy 02-008 lists the prescribed information, including the names of the parties, the address of the unit, the start date, the type of tenancy, the rent and when it is due, the security deposit and the statutory conditions. Until the written notice is given, the tenant's obligation to pay rent is suspended (s.7(4)); the withheld rent becomes payable once the landlord complies (s.7(5)). In a dispute, the terms of an oral agreement are also harder to prove. (Section 2(h); Section 3; Section 7(1), (3)–(5), (7).) General information, not legal advice.

Question 28

How long can a fixed-term lease be?

Accepted Answer

In Newfoundland and Labrador a fixed term must be at least 6 months. A rental of more than a week but under 6 months is treated as month to month, and one of more than 12 months as a 12-month fixed term (s.8). The Act allows three kinds of rental agreement: week to week, month to month, or a fixed term of not less than 6 months (s.8(1)). A rental for a period of less than one week is considered week to week; for more than one week and less than 6 months, month to month; and for more than 12 months, a fixed term of 12 months (s.8(2)). So a 3-month lease is treated as a month-to-month tenancy, and a 2-year lease as a 12-month fixed term, each with the notice rules that go with it. Rent under a fixed term is payable in equal monthly instalments (s.13). Residential Tenancies Policy 02-008 states the same range: a fixed term of not less than 6 months and not more than 12 months. (Section 8(1)–(2); Section 13.) General information, not legal advice.

Question 29

What can a landlord do when a tenant damages the unit?

Accepted Answer

In NL a landlord can serve a notice requiring the tenant to repair damage the tenant caused (s.22(1)); if it is not done, a notice ending the tenancy of at least 5 days may follow. Costs are claimed by application to the Director. Statutory Condition 2 requires the tenant to keep the premises clean and to repair damage caused by a wilful or negligent act of the tenant or of a person the tenant permits on the premises. Where the tenant does not, the landlord may serve a notice requiring the tenant to comply (s.22(1)); the official form is the Landlord's Request for Repairs. If the tenant has not complied within 3 days after that notice is served, or within a reasonable time, the landlord may give notice ending the tenancy on a date not less than 5 days after it is served (s.22(2); Policy 04-001). Where an act or failure of the tenant makes the premises unfit for habitation, notice can be effective immediately (s.21(2)); Policy 04-001 says to refer the problem to the proper authority, such as a municipal building inspector, first. To recover the cost, the landlord applies to the director for compensation (s.42, s.47(1)(d)) within one year after the tenancy ends. Residential Tenancies expects an itemized claim with receipts or estimates and evidence of the condition at move-in and move-out, does not hold a tenant responsible for normal wear and tear, and reduces the award for the item's age by straight-line depreciation (Policy 09-003). A landlord may keep security deposit money for damage only with the tenant's written agreement or the director's order (s.14(10)), and may not take the tenant's belongings to cover it (s.33). (Section 10, Statutory Condition 2; Section 22; Sections 42 and 47; Residential Tenancies Policies 04-001 and 09-003.) General information, not legal advice.

Question 30

What is peaceful enjoyment, and what happens when it is interfered with?

Accepted Answer

In NL a landlord must not unreasonably interfere with a tenant's reasonable privacy and peaceful enjoyment, nor a tenant with the landlord's or other tenants' (Statutory Condition 7); either may end the tenancy early for it. Statutory Condition 7 works both ways. The landlord must not unreasonably interfere with the tenant's reasonable privacy and peaceful enjoyment of the premises, a common area or the property they are part of (7(b)); the tenant must not unreasonably interfere with the rights and reasonable privacy of the landlord or other tenants (7(a)). If a tenant contravenes it, the landlord may give notice ending the tenancy on a date not less than 5 days after it is served (s.24). If a landlord contravenes it, the tenant may give notice ending the tenancy on a date not less than 5 and not more than 14 days after it is served (s.23). The Act does not define the phrase. Residential Tenancies Policy 07-005 describes it as an ongoing unreasonable disturbance outside normal everyday living, such as excessive noise, aggressive behaviour, threats or harassment, and says a tenancy cannot be ended over noise neither party controls, such as a nearby night club or neighbours. Either side may also apply to the director for an order, including compensation (s.42, s.47). (Section 10, Statutory Condition 7; Sections 23 and 24; Residential Tenancies Policy 07-005.) General information, not legal advice.

Question 31

Can a landlord raise the rent for a new tenant?

Accepted Answer

Generally yes. Newfoundland and Labrador has no rent control and the section 16 limits apply within a tenancy, so a new tenant's rent can be set afresh. A new lease with the same tenant counts as the same tenancy (Policy 13-001). Generally, yes. The limits in section 16 apply to increases within a tenancy: none in the first 12 months of the agreement, none during a fixed term, no more than one in 12 months, and written notice 6 months ahead (8 weeks week to week). Newfoundland and Labrador has no rent control, and nothing in the Act ties a new tenant's rent to what the previous tenant paid. Two cautions from Residential Tenancies Policy 13-001. A new agreement with the same tenant for the same unit is treated as one continuous tenancy, so the first 12 months run from the first agreement. And discounted or promotional rents are contrary to section 16: moving from a promotional rent to the full rent within the first 12 months, or more than once in 12 months after that, counts as a rent increase, so set the rent you intend to charge. One exception in the Act: where tenancies were ended under the group termination rules in section 28 and the landlord did not go on to demolish, change the use or carry out the renovations, the landlord must keep charging the same rent (s.28(10)). (Section 16; Section 28(10); Residential Tenancies Policy 13-001.) General information, not legal advice.

Question 32

What should a landlord do if a tenant abandons the unit?

Accepted Answer

In NL a unit is abandoned only if the tenant has left, the tenancy was not ended, and rent is overdue. Post a notice at least 24 hours before entering to take possession, and store any belongings for 30 days (s.31, s.32). First make sure it is abandonment in the Act's sense: the tenant has vacated, the rental agreement has not been ended under the Act or the agreement, and rent is overdue, all three (s.31(2)). Residential Tenancies adds that late rent alone is not enough; the landlord needs reasonable grounds to believe the tenant has left for good, such as returned keys or furniture removed, and a tenant who is in hospital or away on holiday has not abandoned the unit (Policy 06-001). Before entering to take possession, the landlord posts a notice in a conspicuous place on the premises at least 24 hours ahead, stating the belief that the tenant has abandoned it, the intention to enter and take possession unless the tenant says otherwise before the stated time, and the day and hour of entry (s.31(3)); the official form is the Landlord's Notice of Abandonment. If the tenant replies that they have not abandoned it, the landlord shall not enter (s.31(4)). Belongings left behind must be stored for at least 30 days under section 32. The landlord can claim unpaid rent and lost rent by application to the director, but must take reasonable steps to re-rent the unit (Statutory Condition 4); Residential Tenancies awards lost rent only up to the hearing date, and not where the landlord sells or moves in instead of re-renting (Policy 06-003). (Section 31; Section 32; Section 10, Statutory Condition 4; Residential Tenancies Policies 06-001 and 06-003.) General information, not legal advice.

Question 33

How much notice can a landlord give for unpaid rent?

Accepted Answer

In NL, once rent is 5 days overdue (3 week to week) a landlord may give notice ending the tenancy at least 10 days after service (3 week to week). Paying in full before that date cancels it, except from the third notice in 12 months (s.19). Where rent is overdue 5 days or more on a monthly or fixed-term tenancy, the landlord may give notice ending the tenancy on a date not less than 10 days after the notice is served (s.19(1)(b)). Week to week, rent must be overdue 3 days or more, and the date is not less than 3 days after service (s.19(1)(a)). Residential Tenancies counts it this way for rent due on the 1st: rent is not overdue until the 2nd, so the earliest day to give the notice is the 7th and the earliest move-out date the 18th, if the notice is served that day (Policy 07-007; week to week, the 5th and the 9th). The notice is the official Landlord's Notice to Terminate Early - Cause, signed, stating the termination date, and served under section 35 (s.19(4)); the time runs from service, and a notice sent by registered mail is served on the fifth day after mailing (s.35(5)). If the tenant pays all the overdue rent, including any late fee, before the date in the notice, the tenancy is not ended (s.19(2)), except where this is the third or later such notice in 12 months (s.19(3)). The Act also still contains a 2020 provision (s.19(5)–(7)) extending the period to at least 30 days after service for a tenant who lost work or hours because of the Public Health Emergency declared on March 18, 2020, and who gives the landlord proof (a letter from the employer or a statutory declaration, s.19(6)). The emergency it depends on was cancelled effective March 14, 2022, so it no longer applies. If the tenant neither pays nor leaves, the landlord applies to the director: only an order, enforced by the sheriff, removes a tenant (s.47). (Section 19; Residential Tenancies Policy 07-007.) General information, not legal advice.

Question 34

Can a landlord shut off heat, water or electricity?

Accepted Answer

No. In Newfoundland and Labrador neither landlord nor tenant may disconnect heat, water or electric power to the rental unit without the other's written consent (Statutory Condition 8), and unpaid rent is no exception. Not without the tenant's written consent. Statutory Condition 8 says a landlord or tenant shall not, without the written consent of the other party, disconnect or cause to be disconnected heat, water or electric power services being provided to the residential premises. The condition has no exception for unpaid rent; the route for that is a notice under section 19 and an application to the director. Its text has no exception for repairs either, so for a planned shut-off, get the tenant's written consent. Who pays for which utilities is a term of the rental agreement rather than a rule of the Act; where the tenant pays an amount to the landlord for the cost of utilities, it counts as rent (s.2(g)(ii)). A tenant whose services are cut off may apply to the director for an order and compensation (s.42, s.47), and contravening the Act is an offence with a fine of up to $3,000 for an individual or $10,000 for a corporation (s.51). (Section 10, Statutory Condition 8; Section 2(g)(ii); Section 51.) General information, not legal advice.

Question 35

How long must a landlord keep rent records?

Accepted Answer

The Act sets no retention period. In Newfoundland and Labrador a landlord must keep a complete, up-to-date record of rent and deposits (s.17), and either side may apply to the Director up to one year after the tenancy ends. The Act does not set a period. Section 17 requires a landlord to maintain a complete and up-to-date record of rent and other money received from a tenant, and of the receipt and disbursement of a security deposit and its interest, identifying the tenant and premises each relates to, and to give a receipt for rent or other money on request. It says nothing about how long the record must be kept. Two points bear on it: a landlord or tenant may apply to the director within one year after the rental agreement ends (s.42(1)), and a claim about rent or a deposit turns on that record. Records may also be needed for other purposes, such as income tax, which have their own rules; ask your accountant about those. (Section 17(1)–(3); Section 42(1).) General information, not legal advice.

Question 36

Can a landlord lock out a tenant or keep their belongings for unpaid rent?

Accepted Answer

No. In Newfoundland and Labrador a landlord may not take a tenant's belongings for unpaid rent (s.33) or change the locks without the tenant's consent. Removing a tenant takes a Director's order, enforced by the sheriff. No. A landlord shall not take a tenant's personal property to compensate for a contravention of an obligation by the tenant, including a failure to pay rent (s.33). Changing the locks while the tenant lives there requires mutual consent (Statutory Condition 6), and disconnecting heat, water or electric power requires the tenant's written consent (Statutory Condition 8). The lawful route is a notice for unpaid rent under section 19 and, if the tenant neither pays nor leaves, an application to the director. The director can order the tenant to pay what is owed and to vacate (s.47(1)(b), (e)); a certified order to vacate is sent to the sheriff for enforcement (s.47(5)), and a certified order for money can be enforced in the same manner as a court judgment (s.47(3)–(4)). Taking property in breach of the Act can lead to an order to return it or pay its value (s.47(1)(f)), and contravening the Act is an offence (s.51). (Section 33; Section 10, Statutory Conditions 6 and 8; Section 47.) General information, not legal advice.

Question 37

Can a landlord end a tenancy because the tenant complained?

Accepted Answer

No. In Newfoundland and Labrador a landlord may not give notice to end a tenancy, or harass a tenant, in retaliation for a complaint or application; the tenant has one month to apply to have the tenancy declared not ended (s.29). No. A landlord shall not terminate or give notice to terminate a rental agreement, or directly or indirectly coerce, threaten, intimidate or harass a tenant or a member of the tenant's family, in retaliation for, or to deter the tenant from, making or intervening in a complaint or application in relation to the premises (s.29(1)). A tenant served with a notice who believes it was given for that reason may apply to the director, not later than one month after receiving it, for an order declaring that the rental agreement is not terminated (s.29(2)). This covers any notice to terminate, including a section 18 notice that needs no reason. Keep a record of why each notice was given and when it was served. (Section 29.) General information, not legal advice.

Question 38

How long does a landlord have to make a claim against a tenant?

Accepted Answer

In Newfoundland and Labrador a landlord or tenant may apply to the Director of Residential Tenancies within one year after the rental agreement ends (s.42(1)). A deposit claim has its own, shorter timing (s.14). A landlord or tenant may apply to the director within one year after the rental agreement is terminated (s.42(1)). An application can ask the director to decide a question arising under the Act or the regulations, or whether the rental agreement or the Act has been contravened, and the director's orders include payment of money, compensation for loss and the disposition of a security deposit (s.47(1)). It is made on the Application for Dispute Resolution with the fee set by the minister (s.42(2)), which the Residential Tenancies online payment page lists as $20, and is served on the other party personally, by prepaid registered mail, express post or courier to an address they provided, or electronically to an electronic address they provided for receipt of documents (s.42(3)). A claim against the security deposit has its own timing: if the tenant applies first, the landlord has 10 days from being served with the tenant's application to make one (s.14(11)). (Section 42(1)–(3); Section 47(1); Section 14(11).) General information, not legal advice.

Question 39

What must a new owner do after buying a rented property?

Accepted Answer

In Newfoundland and Labrador the tenancy continues after a sale. The new landlord must immediately give the tenant written notice of their name, phone number and address for documents, and of the deposit and interest held (s.7(8)). The tenancy carries on. Residential Tenancies treats the buyer as the new landlord under the existing rental agreement (Policies 01-002 and 03-004), and the Act provides that a covenant concerning the premises runs with the land (s.9(4)). Where a landlord is replaced by a new landlord, the new landlord must immediately give the tenant written notice of the new landlord's name, telephone number and address where documents may be received or served (and an agent's, if there is one), and of the amount of the security deposit held and the interest credited to the date of the change (s.7(8)). The deposit is held in trust and may be used only as section 14 provides (s.14(8)), so get the deposit and interest figures from the seller. Residential Tenancies says a sale does not let the new landlord give shorter notice of termination; the new landlord is bound by the same terms as the previous one (Policy 03-004). (Section 7(8); Section 9(4); Section 14(8); Residential Tenancies Policy 03-004.) General information, not legal advice.

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