How to End a Month-to-Month Tenancy in Newfoundland Without Making the Notice Invalid

The short answer: serve Form RT-2018-00039 with at least 3 months' notice, aligned to the end of a rental period, using one of the service methods the Residential Tenancies Act, 2018 recognises — and account for the deemed service delays under section 35 when you count the days. Most invalid notices in Newfoundland and Labrador are not wrong on the merits. They are wrong on the calendar math or the service method, and an adjudicator dismisses them before hearing the substance.

Here is the process that keeps your notice valid.

The Requirements That Make or Break a Notice

Section 34 of the Residential Tenancies Act, 2018 requires a notice to be in writing on the minister-prescribed form, name and address the recipient, identify the premises, and state the applicable section of the Act. Section 18 also requires this standard notice to be signed, given no later than the first day of a rental period, and state a move-out date that is the last day of a rental period:

1. The minister-prescribed form, in writing. Section 34 requires a written notice in the form prescribed by the minister.
2. The recipient's name and address.
3. Identification of the residential premises.
4. The specific statutory section under which the notice is given. For a standard month-to-month termination, that is section 18(2)(b).
5. A signed notice with the correct move-out date. For a standard notice, section 18 requires the termination date to be the last day of a rental period.

A notice missing a required element can be invalid. In Tribunal Application 2025-0235-NL, the Tribunal found that the notice met section 34 but was invalid because the landlords' earlier written messages did not identify a reasonable time to remedy the breach under section 20.

How to Count the 3-Month Notice Period Correctly

Newfoundland and Labrador ties the month-to-month notice period to rental periods. The notice must give at least 3 months before the end of a rental period, be given no later than the first day of a rental period, and terminate on its last day. The official form says the day the tenant receives the notice and the move-out day are not included when counting the notice days.

Here is how it works on a month-to-month tenancy where rent is due on the 1st:

• Day of receipt (excluded): the day the tenant receives the notice — say January 15
• Rental-period alignment: the effective termination date must fall on the last day of a complete rental period. Rent is due on the 1st, so the earliest the termination can take effect is the last day of the month that is at least 3 full months away
• Result: a notice served January 15 cannot terminate the tenancy on April 15 (mid-period). The earliest valid effective date is April 30 — the last day of the third full rental period after service

If your rent day is the 15th instead of the 1st, the period boundaries shift accordingly. The guide's Notice Date Calculation Worksheet walks through these variations with worked examples.

Deemed Service: The Hidden Day Count Most Landlords Forget

Section 35 sets out when the tenant is deemed to have received your notice, and it depends on your service method:

The deemed receipt date is when the clock starts for the 3-month notice period. If you send the notice by prepaid registered mail or express post on January 10, the tenant is deemed to have received it on January 15. The 3-month count starts on January 15, and the earliest valid termination date adjusts accordingly.

This is the single most common source of invalid notices: a landlord sends a notice by prepaid registered mail or express post and counts 3 months from the mailing date, not from the deemed receipt date. The notice arrives at the Tribunal 5 days short.

The Section 20 Trap for Breach-Based Terminations

If you are ending the tenancy for cause — an unapproved pet, unauthorized occupants, or chronic noise — you need a different form (RT-2018-00040) and a different process. Rent arrears use section 19 and do not require section 20's two-step breach process. But the most dangerous mistake is skipping the mandatory first step.

Section 20 requires a two-step workflow for material breach terminations:

1. Step one: serve a preliminary written notice specifying the breach and giving the tenant a reasonable time to remedy it
2. Step two: only if the tenant fails to remedy the breach within that time, serve the termination notice (Form RT-2018-00040)

Jumping straight to the termination notice without first giving the tenant a reasonable time to remedy the breach invalidates it. In Application 2025-0235-NL, Adjudicator Cahill found that the landlords' earlier messages did not identify a reasonable time to remedy the breach, so their claim for vacant possession failed.

For a standard month-to-month termination under section 18 (no cause alleged), you do not need the two-step process. Use Form RT-2018-00039 and follow the 3-month notice period with rental-period alignment.

The Pre-Service Checklist

Before you serve anything, run through this checklist:

• [ ] Correct form selected. Standard no-cause: RT-2018-00039. Cause-based: RT-2018-00040.
• [ ] Section 34 and 18 requirements complete. Use the prescribed form, include the recipient's name and address, identify the premises, cite section 18(2)(b), sign the notice, and state the move-out date on the last day of a rental period.
• [ ] Move-out date aligned to rental period. Falls on the last day of a complete rental period, at least 3 full months from deemed service date.
• [ ] Deemed service delay accounted for. If mailing: 5-day delay. If electronic: 4:00 PM cutoff.
• [ ] Two-step breach workflow complete (cause-based only). Preliminary written notice served and reasonable remedy period expired.
• [ ] Service method chosen. Personal delivery is safest — no deemed service delay.

The Ending a Tenancy in Newfoundland and Labrador guide includes a printable Notice Validity Checklist and Proof of Service Log that formalises this into a signed, dated record you can bring to the Tribunal if the tenant disputes service.

What Happens If the Tenant Stays

If the tenant does not vacate by the effective date, you file an Application for Dispute Resolution with the Residential Tenancies Office. The filing fee is $20. The Tribunal schedules a hearing — the hearing notice must be served at least 10 clear days before the hearing date — and if the adjudicator finds your notice procedurally valid and the ground established, the Director issues an Order of Possession. Physical enforcement is through the Office of the High Sheriff, not you.

Frequently Asked Questions

What if I served the notice already and I think the date might be wrong?

If you have not yet reached the stated effective date, you can serve a second, corrected notice with the right date. Under the Residential Tenancies Program's policy, a valid second notice with a later termination date extends the tenancy to that later date, and the person who issued both notices cannot enforce the first. If the second notice gives an earlier date, the tenant may choose to abide by the first notice. If the effective date has passed and the tenant is still in the unit, file the Application for Dispute Resolution using the notice as served — the adjudicator will determine whether the notice period was sufficient. Do not serve a second notice for the same ground while an application is pending.

Can I text or WhatsApp the notice to the tenant?

The Act recognises electronic service when the tenant has provided an electronic address for receipt of documents and the notice is sent in the same or substantially the same form as the written document. A text message may qualify if those conditions are met, but email with a PDF attachment is easier to prove at the Tribunal. A message sent by 4:00 PM is deemed served that day; one sent after 4:00 PM is deemed served the next day that is not a Saturday or holiday. The guide recommends personal delivery or registered mail for critical notices because the proof of service is clearest.

Do I need a witness when I deliver the notice in person?

The Act does not require a witness for personal delivery. However, if the tenant later claims they never received the notice, your word alone may not be sufficient. The guide's Proof of Service Log includes space for a witness signature. Bringing someone with you and having them sign the log creates a contemporaneous record an adjudicator can rely on.

What if my tenant pays the overdue rent after I serve a section 19 notice?

Under section 19(2), if the tenant pays the full arrears plus any valid late fees before the move-out date, the termination notice becomes null and void — you cannot proceed. However, if you serve a section 19 notice to the same tenant more than twice in a rolling 12-month period, the third payment does not void the notice, and you can proceed to the Tribunal for vacant possession.

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