What can a landlord do if a tenant refuses to leave after the lease expires?
Short 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, Residential Tenancies Act, 2018 (Newfoundland and Labrador)