Unauthorized Occupants and Subletting Without Permission in Newfoundland

Discovering that someone you did not approve is living in your rental unit — or that your tenant has sublet the place without asking — puts you on the section 20 material breach path under Newfoundland and Labrador's Residential Tenancies Act, 2018. The Act has rules for both situations, but the termination process requires two steps, not one.

The Assignment and Subletting Rules

Under the Act, a tenant may assign or sublet the premises only with the landlord's written consent. The landlord cannot arbitrarily or unreasonably withhold consent, and may not charge more than the expenses actually incurred in giving consent. The Act does not require the tenant's request itself to be in writing.

An additional occupant is not automatically an assignment or sublet. If the tenant assigns or sublets the premises without the required written consent, that breaches the statutory condition and may be treated as a material breach under section 20. An occupant's status depends on whether a written, oral, or implied rental agreement entitles them to occupy the premises.

The Two-Step Section 20 Process

Section 20 does not allow an immediate termination notice. The process is:

Step 1 — Written breach notice. The landlord serves a written notice identifying the breach (e.g., "an unauthorized person is occupying the premises without landlord consent") and gives the tenant a reasonable timeframe to remedy it. "Reasonable" depends on the situation — for an unauthorized occupant, removing the person within 7 to 14 days is typically reasonable.

Step 2 — Termination notice. If the tenant does not remedy the breach within the specified period, the landlord can issue Form RT-2018-00040 (Landlord's Notice to Terminate Early — Cause), citing section 20. The termination date must be the last day of a rental period, and the notice must be given no later than the first day of a rental period. It must be given at least one month before the end of the period for monthly or fixed-term tenancies, or 7 days before the end for week-to-week tenancies.

Tribunal case 2025-0235-NL is a clear warning: the adjudicator dismissed a landlord's vacant possession claim because the landlord served a termination notice without first issuing the preliminary written breach notice required under section 20.

What Counts as "Unauthorized"

A guest staying for a few weeks is different from someone who has effectively moved in. The distinction matters at a hearing. Evidence that supports an "unauthorized occupant" claim includes:

• The person receives mail at the address.
• They have moved furniture or belongings into the unit.
• Neighbours or the landlord have observed them living there continuously.
• The rental agreement specifies named occupants and the person is not listed.

For subletting, the evidence is that the original tenant has vacated or is collecting rent from the occupant while the landlord receives nothing directly from the subletter.

Preparing for a Hearing

If the tenant stays past the termination date, file an Application for Dispute Resolution (Form RT-2018-00053, $20 fee). The hearing evidence package should include:

• The rental agreement listing approved occupants.
• The preliminary breach notice with proof of delivery and the date it was served.
• The termination notice with its affidavit of service.
• Photographs, neighbour statements, or mail records showing the unauthorized person's presence.
• Any written communication with the tenant about the issue.

The Full Process

Unauthorized occupants and subletting are two of several breach categories covered in the Ending a Tenancy in Newfoundland and Labrador guide. The guide includes the complete section 20 workflow, notice templates, and evidence checklists for each termination ground.

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