Landlord and Tenant Rights and Obligations in Newfoundland and Labrador

The Residential Tenancies Act, 2018 sets out specific rights and obligations for both landlords and tenants in Newfoundland and Labrador. These statutory conditions apply automatically to every rental agreement in the province — written or oral — and cannot be waived by contract.

Landlord Obligations

Maintain the property in good repair. Statutory Condition 1 requires the landlord to keep the premises in a good state of repair and fit for habitation. This includes structural elements, plumbing, heating, and electrical systems. A tenant whose landlord fails to maintain the property can file a complaint with the Residential Tenancies Office or apply for a rent abatement.

Provide the Act and regulations. Under section 7(1), the landlord must give the tenant a copy of the Residential Tenancies Act, 2018 and the regulations at the start of the tenancy. Failing to do this can undermine the landlord's position in a tribunal dispute.

Respect the tenant's privacy and quiet enjoyment. The landlord cannot enter the premises without proper notice (24 hours for routine access, with exceptions for emergencies). The tenant has the right to peaceful enjoyment of the unit.

Hold security deposits properly. Deposits are capped at three-quarters of one month's rent for monthly or fixed-term tenancies, or two weeks' rent for weekly tenancies. The landlord must place a deposit in an interest-bearing account in the province within 2 banking days. If the landlord has 3 or more residential premises, the account must be a trust account used exclusively for security deposits. Interest accrues at the rate set annually by the province.

Return the security deposit within 10 days. After the tenant vacates, the full deposit (plus interest) must be returned within 10 days — unless the landlord files an application to claim against it, or the landlord and tenant agree in writing on its disposition.

Tenant Obligations

Pay rent on time. The most basic obligation. Rent that is overdue by 5 days (monthly/fixed-term) or 3 days (weekly) opens the door to a section 19 termination notice.

Keep the premises clean and avoid damage. Tenants must maintain reasonable cleanliness and repair any damage they (or their guests) cause that goes beyond normal wear and tear. Failure to do so can lead to termination under section 22.

Do not disturb other occupants. Tenants must not unreasonably interfere with the peaceful enjoyment or privacy of the landlord or neighbouring tenants. Chronic noise, harassment, or threats can lead to a section 24 termination notice with a 5-day move-out window.

Get permission before subletting or assigning. A tenant who wants to sublet or assign the lease must make a written request. The landlord cannot unreasonably refuse, but moving someone in without asking is a material breach under section 20.

Allow lawful entry. Tenants must allow the landlord to enter for repairs, inspections, or showings to prospective tenants or buyers, provided proper notice is given.

Tenant Protections During Termination

The Act balances landlord termination rights with several tenant protections:

Cure rights for rent arrears. Under section 19(2), a tenant who receives a non-payment notice can void it by paying the full arrears plus any applicable late fees before the termination date. This cure right does not apply when the landlord has given the tenant more than two such notices in a 12-month period.

Protection against retaliation. Section 29 prohibits a landlord from terminating a tenancy or coercing, threatening, intimidating, or harassing a tenant in retaliation for making or intervening in a complaint or application about the premises. A tenant may apply to the Director within one month of receiving a termination notice for an order declaring the tenancy is not terminated.

Human rights protections. Termination notices based on race, religion, family status, disability, source of income, sexual orientation, or other grounds protected by the Human Rights Act, 2010 are unlawful. The NL Human Rights Commission investigates complaints.

Early termination for family violence. Under section 26, a tenant with a certificate under section 25 can terminate with 30 days' notice. This applies to month-to-month and fixed-term agreements and ends the tenancy for all tenants on the same agreement.

How This Affects the Termination Process

A landlord who has neglected maintenance, failed to provide the Act at the start of the tenancy, or improperly handled the security deposit is at a disadvantage if the tenant raises those issues at a hearing. The adjudicator does not evaluate the termination notice in a vacuum — the landlord's compliance with their own obligations matters.

The Ending a Tenancy in Newfoundland and Labrador guide covers both sides of the equation: the landlord's termination procedure and the obligations that must be satisfied to make the process hold up at the Residential Tenancies Tribunal.

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