Tenants in Newfoundland and Labrador may face situations where a landlord’s behaviour is not just a civil issue but could be criminal. Examples include threats, assault, harassment, illegal entry without consent, or wilful actions that create immediate danger to health or safety. This guide explains when landlord conduct can become a criminal matter, what tenants can do right away, and how to use provincial residential tenancy resources and official forms to protect rights. It covers contacting police, preserving evidence, filing complaints with the Residential Tenancies Board, and practical steps to get emergency repairs or seek orders. The language is plain so renters can act confidently and understand their options.
How landlord conduct can be criminal
Some breaches are civil (handled by the tribunal) but others may amount to crimes. Criminal examples include assault, uttering threats, harassment, intimidation, or breaking and entering. Wilful actions that create a health or safety risk, such as knowingly disabling heat in winter, can also lead to criminal charges. Tenants should consider police if they or others are in immediate danger and preserve evidence for both police and the tribunal.
Immediate steps for tenants
- Call 911 if you are in danger or the situation is violent.
- Document incidents with dated photos, messages, and a written log.
- Save and submit any formal notices or applications to the Residential Tenancies Board[1].
- Request emergency repairs in writing if a health or safety issue is involved.
If a criminal act occurred, report it to local police and get a copy of the police report. You can also pursue remedies with the Residential Tenancies Board for breaches of the rental agreement or duties under the provincial law[2].
Evidence, forms and official routes
Gathering the right evidence and using official forms helps your case. Typical steps include getting a police incident number, saving correspondence, taking photos, and completing the tribunal application form. Use the official forms page for Newfoundland and Labrador to find the correct application and instructions[3]. You may also reference landlord and tenant obligations to understand what the tribunal enforces and to support your claim.
For background on mutual duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and provincial summaries like Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Reporting, hearings and possible penalties
Police handle criminal charges; penalties can include fines, probation, or jail, depending on the offence and evidence. The Residential Tenancies Board handles civil remedies such as orders for repairs, rent abatement, or compensation. Filing both a police report and a tribunal application is common when a landlord’s behaviour crosses both criminal and civil lines.
What tenants can expect at the tribunal
- Attend a hearing where both sides present evidence and testimony.
- Bring copies of logs, photos, police reports, and witness statements.
- The tribunal can order repairs, refunds, or compensation but does not impose criminal penalties.
FAQ
- Can a landlord be charged with a crime for their conduct?
- Yes. If a landlord commits an offence such as assault, threats, harassment, or illegal entry, police may charge them; civil remedies at the tribunal remain a separate option.
- What should I do first if I feel threatened?
- Call 911 if you are in immediate danger, preserve evidence, and consider filing both a police report and a tribunal application for civil remedies.
- Will filing with the tribunal affect criminal charges?
- No. Tribunal applications are civil proceedings and do not replace criminal charges; both can proceed simultaneously.
How-To
- Gather evidence: photos, messages, dated notes, and witness names.
- Contact police if there is a threat or violence and obtain a report number.
- Complete and file the appropriate tribunal application form for civil remedies.
- Prepare for the hearing by organizing copies of evidence and any witness statements.
Key Takeaways
- Serious landlord misconduct can be both criminal and civil; pursue both routes when needed.
- Document everything and get police reports for safety and stronger tribunal claims.
Help and Support / Resources
- Residential Tenancies information - Government of Newfoundland and Labrador
- Residential Tenancies Act - Newfoundland and Labrador House of Assembly
- Service NL - tenant services and forms
- Find rental homes across Canada on Houseme
