Appealing an Eviction Order in Newfoundland and Labrador: Tenant’s Guide

If you've received an eviction order in Newfoundland and Labrador, it's important to know that you still have options. Tenants are entitled to a fair process, and understanding your rights can mean the difference between losing your home and successfully making your case. This guide explains the steps to appeal an eviction, what forms are required, deadlines, and where to get the support you need.

Understanding Eviction Orders in Newfoundland and Labrador

In Newfoundland and Labrador, eviction orders are issued by the Residential Tenancies Tribunal. Eviction can result from issues such as unpaid rent, repeated late payments, or breaches of the rental agreement. Landlords must follow a legal process as set out in the Residential Tenancies Act, 2018^[1].

Can Tenants Appeal an Eviction Order?

Yes. Tenants in Newfoundland and Labrador have the right to appeal an eviction order—also called a "decision" or "order"—made by an adjudicator of the Residential Tenancies Tribunal. Acting quickly is essential, as appeal deadlines are short and strictly enforced.

Reasons for Appealing an Eviction Order

• You believe there was a legal or factual error in the decision.
• You were not given a fair opportunity to present your side.
• New evidence has come to light that could affect the outcome.

Appeals are not automatic re-trials. The Court will review the Tribunal’s decision for errors or unfairness, not just because you disagree with the outcome.

How to Appeal an Eviction Order: Step-by-Step

Here’s how tenants can appeal an eviction order in Newfoundland and Labrador:

• Obtain the Written Eviction Order: The Tribunal must provide a written decision. Make sure you have a copy. If not, request one immediately from the Residential Tenancies Tribunal.
• Decide Quickly: You must file your appeal with the Supreme Court of Newfoundland and Labrador within 10 days of receiving the eviction order. Missing this deadline could forfeit your right to appeal.
• File the Required Appeal Form: Use the "Notice of Appeal" (Form 1) available from the Supreme Court of Newfoundland and Labrador. This form is used to initiate your appeal and must clearly state the basis for your challenge (e.g., legal error, procedural unfairness).
• Deliver (Serve) Copies: Provide a copy of your Notice of Appeal to both the Residential Tenancies Tribunal and your landlord. Keep a record of when and how you served these.
• Pay the Filing Fee: Contact the Supreme Court for current appeal fees. Some fee waivers may be available based on financial hardship.
• Prepare for Court: Gather evidence, documents, and any witness statements. You will need to explain to the Judge why the Tribunal’s order should be changed or overturned.

What Happens After Filing the Appeal?

After you submit your appeal form, the Supreme Court will schedule a hearing. You must attend or have representation. The enforcement of the eviction order may be paused ("stayed") while your appeal is under review, but confirm this with the Court—you may need to apply separately for a stay of enforcement.

Forms and Where to Find Them

• Notice of Appeal (Form 1): Used to start the appeal process. Download from the Supreme Court website and file within 10 days of the Tribunal’s decision.
• Stay of Enforcement Application: If you wish to pause the eviction while your appeal is ongoing, ask the Court Registry for the proper form and procedure or visit the Supreme Court of Newfoundland and Labrador.

Always keep extra copies and proof of service when you submit any forms.

Your Rights and Tenant Protections

During and after the appeal process, tenants in Newfoundland and Labrador maintain rights under the Residential Tenancies Act, 2018. You must continue to follow your lease—pay rent, respect property, and communicate with your landlord.

Learn more about your Tenant Rights and Landlord Rights in Newfoundland and Labrador and how the law protects you at each stage of a tenancy.

For related issues about lease terms, rent responsibilities, or communication after an eviction notice, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Additional Considerations

• Communicate in writing with your landlord during the appeal
• Maintain records of all interactions
• Do not move out unless required by law or a final Court order

Searching for new housing while appealing? Explore Houseme for nationwide rental listings to see options across Canada.

1. Can my landlord evict me without a hearing?
   No. Your landlord must apply to the Residential Tenancies Tribunal for an eviction hearing and receive an order. You have a right to attend and defend yourself.
2. How long do I have to file an appeal?
   You have 10 days from the date you receive the written eviction order to file your appeal to the Supreme Court of Newfoundland and Labrador.
3. Do I need a lawyer to appeal?
   No, but legal advice is helpful. Tenant assistance services or Legal Aid may be available if you qualify.
4. What if I miss the 10-day deadline?
   It is very difficult to appeal after the deadline. Contact the Supreme Court immediately to see if any late options exist, but appeals outside of the deadline are rarely granted.
5. Can I stay in my home while waiting for the appeal decision?
   Possibly. If a "stay" of eviction is granted, you may stay until your appeal is decided. Ask the Court about stay procedures right after filing your appeal.

Key Takeaways

• Appeal eviction orders within 10 days using the proper form.
• Follow all court instructions and keep records of communication.
• Learn your rights as a tenant and seek timely help if needed.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal, Newfoundland and Labrador – Eviction procedures, orders, and tenant information
• Supreme Court of Newfoundland and Labrador – Appealing orders, forms, and process details
• Public Legal Information Association of Newfoundland and Labrador – Free information and support for tenants
• Newfoundland and Labrador Legal Aid Commission – Legal assistance for eligible tenants

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1. Full text: Residential Tenancies Act, 2018 (NL)
2. See: Residential Tenancies Tribunal
3. Appeal forms and procedures: Supreme Court Notice of Appeal (Form 1)

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