Residential Tenancies Tribunal in Newfoundland: How to File an Application

A termination notice in Newfoundland and Labrador does not give a landlord the power to change the locks. If the tenant stays past the move-out date, the next step is the Residential Tenancies Tribunal — formally, an application to the Director of Residential Tenancies for dispute resolution.

Filing the Application

The application form is RT-2018-00053 (Application for Dispute Resolution), available from the Government Services website or the Residential Tenancies Office. The form can be completed electronically, saved, and submitted by email or in person at a Government Service Centre.

The filing fee is $20.00, payable online through the Government Services payment portal or at an RTO office. If the landlord succeeds at the hearing, the $20 can be recovered as a hearing expense.

What to Include in the Application

The application asks the landlord to describe the dispute and the order being requested. For a termination case, this typically means:

• An order of vacant possession requiring the tenant to vacate by a specified date.
• Recovery of rent arrears (if applicable).
• Recovery of the $20 filing fee.

Attach copies of the rental agreement, the termination notice, the affidavit of service, and any supporting evidence. The more complete the initial filing, the smoother the hearing.

Serving the Hearing Package

After the RTO processes the application, it issues a Notice of Hearing with the date and time. The landlord must then serve the tenant with:

1. The Application for Dispute Resolution.
2. The Notice of Hearing.

The application and Notice of Hearing must be served on each respondent individually at least 10 days before the hearing date. Documentary or recorded exhibits must be provided to the RTO and the other parties at least 3 days before the hearing. Use an authorized service method and file an affidavit of service with the RTO before the hearing.

Mediation Option

Part 6 of the application form lets both parties indicate whether they consent to voluntary mediation under section 45. If both agree, the RTO attempts mediation before the formal hearing. A mediation agreement can be converted to an enforceable order if a party later fails to comply. If mediation is declined or fails, the case goes to a full hearing.

What Happens at the Hearing

Under section 46, the Director may require a hearing to be oral (including by telephone, teleconference, or other electronic means), in writing, or partly oral and partly in writing. The landlord presents evidence first. The adjudicator evaluates:

• Was the notice served on the correct form (RT-2018-00039 or RT-2018-00040)?
• Does the notice contain every element required by section 34 — tenant name, address, premises, statutory ground, termination date, signature?
• Was the notice period calculated correctly using clear-days counting?
• Was service completed lawfully under section 35, with proof?
• For cause-based terminations, was the preliminary step satisfied (e.g., the section 20 breach remedy notice)?

If the adjudicator finds a defect in any of these, the notice can be declared invalid — and the landlord has to start over.

After the Decision

The adjudicator issues a written decision and order. If the landlord is granted an order of vacant possession and the tenant still does not leave, enforcement goes through the Office of the High Sheriff — never through self-help measures like lock changes or utility shutoffs, which are offences under section 51 (fines up to $3,000 for individuals, $10,000 for corporations).

The full termination process — from selecting the right ground through service, the tribunal, and enforcement — is covered in the Ending a Tenancy in Newfoundland and Labrador guide.

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