Property Damage and Unclean Premises Notice for Landlords in Newfoundland

When a tenant in Newfoundland and Labrador causes significant damage to the rental property or fails to maintain basic cleanliness, section 22 of the Residential Tenancies Act, 2018 gives landlords a specific termination route. It is faster than the general material breach process under section 20, but it has a mandatory preliminary step that many landlords skip — and skipping it invalidates the notice.

The Two-Step Section 22 Process

Section 22 is not a one-notice termination. The landlord must:

Step 1 — Notice to comply. Give the tenant a written notice identifying the damage or cleanliness issue and requiring them to correct it. The tenant has at least 3 days after service to fix the problem, or a longer reasonable timeframe if the repair is more involved.

Step 2 — Termination notice. If the tenant fails to comply within the specified window, the landlord can then issue a termination notice using Form RT-2018-00040 (Landlord's Notice to Terminate Early — Cause), citing section 22. The termination date must be at least 5 clear days after service of the termination notice.

Skipping straight to a termination notice without the preliminary notice to comply is the most common reason section 22 claims fail at the Residential Tenancies Tribunal.

What Qualifies as Damage or Unclean Premises

The Act addresses willful or negligent damage and failure to maintain cleanliness. Typical scenarios include:

• Holes punched in drywall, broken fixtures, or removed doors.
• Accumulated garbage, pest infestations caused by tenant neglect, or blocked plumbing from misuse.
• Failure to clean up after pets to the point that the premises are unsanitary.

Normal wear and tear — scuffed paint, minor carpet wear, loose cabinet handles — does not qualify. The damage must go beyond what is expected from ordinary residential use.

Evidence for a Hearing

If the tenant remains after the notice expires, the landlord files an Application for Dispute Resolution (Form RT-2018-00053, $20 filing fee) and presents evidence at the hearing. Useful evidence includes:

• Dated condition reports from the start of the tenancy and from a recent inspection.
• Photographs with timestamps showing the damage or condition.
• Repair estimates or contractor invoices for the cost of restoring the premises.
• A copy of the notice to comply with proof of delivery, plus the termination notice and its affidavit of service.

Without the preliminary notice to comply in the evidence package, the adjudicator will likely dismiss the application.

How Section 22 Compares to Section 20

Section 20 (material breach) covers a broader range of lease violations — unauthorized occupants, pet violations, subletting — and requires a reasonable cure period followed by a termination notice with at least one month before the end of a rental period. Section 22 is narrower (only damage and cleanliness) but moves faster (5 clear days instead of a full rental period).

A landlord may use section 21 only if the tenant's action or failure to act made the unit unfit for habitation; that provision allows immediate termination. Section 22 handles damage or filth that does not reach that threshold.

Next Steps

The full termination guide at Ending a Tenancy in Newfoundland and Labrador covers every ground from section 18 through section 24, including the notice-to-comply templates, clear-days counting, and service rules.

See more Newfoundland and Labrador guides →