Evicting a Roommate in Newfoundland and Labrador: Tenant Legal Steps

Living with a roommate in Newfoundland and Labrador can be rewarding, but sometimes conflicts or breaches of agreement make sharing space impossible. If you need to evict a roommate—whether due to unpaid rent, disruptive behaviour, or safety concerns—it’s critical to understand your rights, responsibilities, and the legal process. This guide walks tenants through how roommate eviction works in Newfoundland and Labrador, including required forms, official agencies, and key tips for a smooth process.

Understanding Roommate Arrangements: Are You Both on the Lease?

The steps you need to take depend largely on the type of agreement you and your roommate have:

• Both Names on the Lease: If both of you signed the lease with the landlord, your roommate is considered a co-tenant. Only the landlord (not another tenant) can evict a co-tenant through the formal legal process.
• Only Your Name on the Lease: If you are the sole leaseholder and your roommate is not on the rental agreement, your roommate may be considered your subtenant or occupant. In this case, you may have some legal authority to remove them, but you still must follow proper process—never use self-help or illegal eviction tactics.

Review your lease and the type of occupancy to determine how to proceed. For more details on tenant and landlord obligations, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When Roommate Disputes Arise: Causes for Eviction

Common reasons tenants wish to remove a roommate include:

• Non-payment of rent or utilities owed to you
• Violence, threats, or significant disturbance
• Breach of subtenancy or house rules
• Property damage or serious safety violations

Disputes often arise from unclear agreements. If you are sharing with another tenant, ensure your house rules and obligations are in writing and understood by everyone in the home.

Legal Paths: Who Handles Evictions in Newfoundland and Labrador?

Residential tenancy matters, including disputes between tenants and subtenants, are handled by the Residential Tenancies Office (RTO) of Newfoundland and Labrador. They administer the Residential Tenancies Act, 2018, which defines tenant rights and eviction procedures.^[1]

If you and your roommate are both tenants under the same lease, only the landlord can formally evict through the RTO. However, if your roommate is your subtenant (i.e., you are acting as 'the landlord' to your roommate), you may have standing to file for eviction using the RTO process.

Tip: Always keep records of rent payments, written communications, and any issues you’ve documented with your roommate. These will support your application if you need to present your case at the Residential Tenancies Office.

Steps to Evict a Roommate (Subtenant or Occupant)

Tenants seeking to remove a roommate who is a subtenant or occupant need to follow the province's legal process. Here's a summary of recommended steps:

1. Try to Resolve the Conflict

• Attempt to mediate or talk out issues—written communication is best.
• If house rules have been broken, provide a written warning outlining the issues and potential consequences.

2. Serve Proper Written Notice

• If resolution isn’t possible, you must serve the roommate with a written notice to vacate. Clearly state the reason (e.g., unpaid rent, breach of agreement) and the required move-out date.
• The notice period should mirror what's required under the Residential Tenancies Act, 2018.^[1] For non-payment of rent, this is often 10 days; for other breaches, 30 days. Confirm current periods on the RTO website.

3. File an Application for Dispute Resolution if Roommate Won’t Leave

• If your roommate does not leave by the stated date, file an Application for Dispute Resolution (Form: "Application for Dispute Resolution") with the Residential Tenancies Office.
• Download the form and instructions directly from the official RTO forms page.
• Provide supporting documents: copy of your lease, written notices, house rules, proof of subtenancy, and evidence of the problem.

After submitting the form, you’ll receive a notice of hearing. Attend the hearing with all your evidence. The RTO will decide whether your roommate must leave and can issue an order for vacant possession if your application is successful.

Summary Table: Evicting a Roommate in NL

Situation	Who Can Remove Roommate?	What To Do
Both on lease (co-tenants)	Landlord	Report concerns to landlord and request action
Only one on lease (roommate is a subtenant/occupant)	Tenant (leaseholder)	Give notice, then RTO application if necessary

For broader information, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

What NOT To Do

• Do not change locks, remove belongings, or harass your roommate. This is considered an illegal eviction.
• Do not remove your own name from utilities or the lease before formally ending the arrangement.

Forms and Official Steps

• Notice to Terminate a Rental Agreement (Form 6A): Give this written notice to your roommate if they’ve failed to pay rent or breached the agreement. Include the exact termination date and details of the breach.
• Application for Dispute Resolution (Form 12): File this with the RTO if your roommate refuses to leave after being served notice. Attach all required documentation and proof of notice.

Refer to the Residential Tenancies Office Forms page for all official documents and latest instructions.

Next Steps: When to Contact the Landlord or the RTO

If your situation is unclear, or if you’re concerned about safety or urgent issues, contact your landlord for guidance. If you need formal dispute resolution, the Residential Tenancies Office is your best resource. Acting promptly and through the right channels reduces stress and minimizes disruption in your home.

Looking for your next shared or private rental? Find rental homes across Canada on Houseme and access up-to-date listings for all major cities and provinces.

FAQ: Tenants' Most-Asked Questions About Evicting Roommates in NL

1. Can I evict my roommate myself in Newfoundland and Labrador?
   Not always. If your roommate is listed as a co-tenant on the lease, only the landlord can begin the legal eviction process. If your roommate is a subtenant or occupant, you may be able to serve notice and file an application through the Residential Tenancies Office.
2. What if my roommate refuses to move out after being given notice?
   If the roommate does not leave after proper notice, you must file an Application for Dispute Resolution with the RTO. Do not physically remove the person or their belongings yourself.
3. What are the legal notice periods in Newfoundland and Labrador?
   This depends on the reason for eviction: for non-payment of rent, minimum 10 days’ notice; for other breaches or for ending a month-to-month arrangement, at least 30 days. Always check the RTO's current guidelines.
4. Are there exceptions for urgent or dangerous situations?
   Yes. If there is violence or immediate danger, call the police first. You may also seek an expedited hearing through the RTO for emergencies relating to health and safety.
5. Can the landlord help resolve roommate conflicts?
   Yes, the landlord can mediate and, in some cases, take action if house rules or the lease are breached. However, for eviction to occur, the landlord must follow the formal process outlined in the Residential Tenancies Act, 2018.

Key Takeaways for Tenants

• Only landlords can evict co-tenants; leaseholders may evict subtenants through the RTO.
• Serve written notice, keep documentation, and follow formal process.
• Never attempt a self-help eviction—use the Residential Tenancies Office for legal resolution.

If in doubt, review provincial tenancy guidelines and seek trusted advice.

Need Help? Resources for Tenants

• Residential Tenancies Office – Tenant Resources
• Phone: 1-877-829-2608 (toll-free in Newfoundland and Labrador)
• Email: rto@gov.nl.ca
• Community Legal Information (for tenants)
• For the law itself: Read the Residential Tenancies Act, 2018
• See also: Tenant Rights and Landlord Rights in Newfoundland and Labrador

---

1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Residential Tenancies Office: Government of Newfoundland and Labrador
3. Official RTO Forms

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy