Tenant Not Leaving After Notice in Newfoundland: What Landlords Do Next

A Notice Does Not End the Tenancy by Itself

Serving a valid termination notice is the first step, not the last. If the tenant remains past the move-out date, the Residential Tenancies Act, 2018 gives the landlord exactly one path forward: apply to the Residential Tenancies Office for an Order of Possession.

There is no lawful way for a landlord to physically remove a tenant, change the locks, shut off utilities, or remove belongings without an order. Any of those actions is self-help eviction, a summary offence under Section 51 carrying fines up to $3,000 for individuals or $10,000 for corporations, plus potential imprisonment of up to four months.

Filing the Application

Form: Application for Dispute Resolution (Form RT-2018-00053), available from gov.nl.ca/gs/landlord-tenant/

Fee: $20, paid online through the Residential Tenancies Fees page. The fee is recoverable if you succeed at the hearing.

Filing: Submit the completed application and payment receipt to the Residential Tenancies Office by postal mail, email, or facsimile. Include a copy of the termination notice and proof of service.

Timing: File after the notice's move-out date has passed. You have up to one year from termination to file under Section 42.

Serving the Hearing Package

Once the Residential Tenancies Office processes your application, they issue a Notice of Hearing with a date and time. You must serve the tenant with the application and the Notice of Hearing at least 10 clear days before the hearing date. For teleconference or written-submission hearings, the evidence must be received by the Residential Tenancies Office and given to the other party at least 3 days before the hearing.

Be prepared to provide proof of service before the hearing; it can include an affidavit from the person who delivered the documents or postal or courier tracking information.

The Hearing

Hearings are usually conducted by teleconference. The adjudicator evaluates your case on the balance of probabilities. You need to demonstrate that:

1. The notice was on the correct prescribed form
2. It cited the correct statutory section
3. The notice period was sufficient
4. Service was properly effected
5. The underlying ground (if for cause) is supported by evidence

Bring your rent ledger, photographs, correspondence, the original notice, all service proof, and any witness statements. Written witness affidavits are accepted, but the adjudicator may prefer direct oral testimony.

After the Order

If the adjudicator grants an Order of Possession and the tenant still doesn't comply, the landlord takes the certified order to the Office of the High Sheriff. Enforcement officers conduct the physical eviction. The landlord should be present to take possession of the property and change the locks once the officers have cleared the premises.

Voluntary Mediation

Both parties can consent to mediation under Section 45 before the formal hearing. If mediation succeeds, you get a written agreement. If one party later breaches that agreement, you can apply to have it converted into an enforceable order. If mediation fails, the case proceeds to adjudication.

The Ending a Tenancy in Newfoundland and Labrador guide includes a tribunal application checklist covering every document you need, the service timeline, and what to prepare for the hearing.

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