Can You Withhold Rent for Repairs in Newfoundland and Labrador?

Many renters in Newfoundland and Labrador wonder if they have the right to withhold rent when essential repairs are delayed or ignored by their landlord. Understanding your rights and the legal process is key for a safe, comfortable rental experience in the province. This guide will explain when (and if) a tenant can lawfully withhold rent, what steps to take for unresolved repairs, and the appropriate actions to safeguard your rights.

Tenant and Landlord Repair Responsibilities

Both landlords and tenants have important roles to play when it comes to the maintenance and repair of a rental property.

• Landlords are required by law to maintain the rental unit in a good state of repair and ensure it is fit for habitation throughout the tenancy.
• Tenants are responsible for keeping their home clean and for repairing any damage caused by themselves, their guests, or pets, outside of normal wear and tear.
  For a full overview, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

This balance of responsibility is established under the Residential Tenancies Act, 2018 (Newfoundland and Labrador)^[1].

Can Tenants Withhold Rent for Repairs?

According to the law in Newfoundland and Labrador, withholding rent is generally not allowed, even if your landlord fails to carry out repairs. Tenants must pay rent in full and on time. Not doing so risks eviction for non-payment.

Instead, tenants have legal remedies to pursue repairs, but they must follow the proper steps under the Residential Tenancies Act. Self-help remedies, such as deducting repair costs from rent or withholding rent, can only be used in rare and specific circumstances, and always require approval from the Residential Tenancies Office (RTO) beforehand.

Recognizing Urgent Health and Safety Issues

If your rental unit has urgent problems—like a broken furnace in winter, sewage backup, or no running water—these are considered health and safety issues. In such cases, tenants should:

• Promptly notify the landlord in writing about the repair needed
• Keep a record of your communication
• Allow the landlord a reasonable time to fix the issue

If urgent repairs are not addressed, tenants can file a formal application for remedy. Learn more about identifying safety concerns in Health and Safety Issues Every Tenant Should Know When Renting.

How to Report Repairs and Take Legal Action

For persistent repair issues, follow these steps to protect your interests:

• Document the problem: Take photos and keep written records of repair requests.
• Contact your landlord in writing: Use email, text, or a letter so you have proof.
• Allow a reasonable time for repairs: What is reasonable can vary. For emergencies, immediate action is expected; for less serious issues, allow a few days to a week.
• If repairs aren't made, apply to the Residential Tenancies Office (RTO): Tenants can file an Application for Order of the Director.

Filing a Repair Application: Official Form

• Form Name: Application for Orders of the Director (Residential Tenancies)
• Form Number: N/A
• When To Use: When you have notified your landlord in writing, allowed a reasonable time for repairs, and the issue is still unresolved.
• How To Use: Complete the form, attach documentation (photos, emails, etc.), and submit it to the Residential Tenancies Office. Application instructions can be found here.

Once an application is filed, the RTO may hold a hearing and issue orders for the landlord to complete repairs. Only after following this legal process may a tenant, with RTO approval, apply rent towards making the repairs or withhold a portion (in very specific situations).

What Not To Do: Risks of Withholding Rent Unilaterally

Withholding rent without permission from the RTO can lead to:

• Eviction for non-payment of rent
• Loss of right to claim repairs formally
• Negative impact on your rental history

Useful Provincial and Legal Links

• Residential Tenancies Office (RTO) of Newfoundland and Labrador – application forms, contact info, and guidance
• Tenant Rights and Landlord Rights in Newfoundland and Labrador – your essential provincial guide
• Residential Tenancies Act, 2018 (full text)
• Houseme - your rental solution in Canada

Common Questions About Rent Withholding and Repairs

1. Can a tenant in Newfoundland and Labrador withhold rent if repairs are not done?
   No. Tenants must pay rent as usual. If repairs are not carried out, you can apply for an order through the Residential Tenancies Office rather than withholding rent on your own.
2. What should I do if my landlord ignores my repair requests?
   Document your request in writing and allow a reasonable time for a response. If the issue remains unresolved, submit an Application for Orders of the Director to the Residential Tenancies Office.
3. Is there any situation where I can use my rent to pay for repairs?
   Only in rare cases—and only with formal approval from the RTO—could a tenant legally spend rent money on repairs or withhold rent in Newfoundland and Labrador.
4. Are health and safety repairs treated differently than routine fixes?
   Yes. Health and safety issues require urgent attention and may entitle you to a faster remedy through the RTO.
5. What happens if I withhold rent without RTO approval?
   You may face eviction for non-payment and potentially lose your tenancy rights.

Conclusion: Key Takeaways

• Tenants cannot withhold rent for repairs unless authorized by the Residential Tenancies Office.
• Always document issues and requests in writing, and follow the legal process.
• If your repair issues pose a risk to health or safety, seek advice and act promptly.

These steps protect your rights and help maintain positive communication with your landlord. Stay informed and use the proper process for any disputes.

Need Help? Resources for Tenants

• Residential Tenancies Office Newfoundland and Labrador (provincial tribunal): Advice, applications, and dispute resolution.
• Phone (St. John’s): 709-729-2608; Toll-Free (NL): 1-877-829-2608
• Email: rentals@gov.nl.ca
• Official repair application forms: Residential Tenancies Office Applicants Page
• For broader provincial rights: Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)

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