Eviction for Alleged Damages: NL Tenant Rights & Steps

If you’re a tenant in Newfoundland and Labrador facing eviction due to alleged damages to your rental home, understanding your rights and responsibilities is essential. The province has clear rules under the Residential Tenancies Act, 2018 for addressing claims of damage and eviction. This guide explains what you need to know and do if your landlord says you’ve caused damage, including official forms, what proof is needed, and where to find help.

How Damage-Related Evictions Work in Newfoundland and Labrador

Newfoundland and Labrador landlords can apply to evict a tenant if they believe the tenant or their guest has caused significant damage, beyond normal wear and tear. Action must be taken according to the Residential Tenancies Act, 2018, and tenants have rights to contest these claims.

Eviction for damages is a serious step, so it’s important to recognize the difference between accidental, neglectful, or intentional damages, and what counts as ordinary use.

Common Examples of 'Damage'

• Large holes in walls, broken windows or doors
• Permanent stains on carpets or floors
• Water damage from improper use
• Damage caused by unauthorized alterations

Small scratches, wear on carpets, or faded paint from sunlight are not usually considered 'damage'—these are ordinary wear and tear.

What Steps Must a Landlord Take to Evict for Damages?

If a landlord believes you’ve caused damage, they usually follow these steps:

• Complete an inspection and document the damage
• Provide the tenant with a written notice of termination outlining the alleged damages and required remedies
• If the issue is not resolved, apply to the provincial tribunal for an order of possession (eviction)

The landlord must use the prescribed forms and give you, as the tenant, a fair chance to respond and repair, pay for, or dispute the claims.

Important Tenancy Forms for Damage-Related Evictions

• Notice of Termination – Damage (Form T1C): This form is used by landlords to notify tenants that their tenancy is ending due to significant damage caused by the tenant or guests. It includes the nature of the damage and when you must vacate. Get the official Form T1C here.
• Application for Decision (Form RTB-Application): If you disagree with the notice or need to resolve a dispute about damages, tenants can apply to the Residential Tenancies Tribunal. Find Form RTB-Application at the provincial site.

For example, if you get a T1C notice for damage but disagree that you caused it (or you believe it is just normal wear and tear), submit Form RTB-Application quickly to request a hearing.

What Evidence Should Tenants Gather?

• Photos of the property before and after move-in
• Repair receipts or communication with your landlord about the issue
• Initial inspection reports, if available
• Witness statements (like from roommates or others present)

This documentation will help if you dispute the damages during a tribunal hearing.

Initial and Final Inspections Matter

Always participate in inspections. The initial report helps protect you against unfair damage claims, and the final inspection ensures agreement on the property’s condition when you leave. Learn how to protect yourself during inspection in the Guide to the Initial Rental Property Inspection for Tenants.

Your Rights During a Damage Dispute

Newfoundland and Labrador tenants have important rights:

• The right to contest damage claims at the Residential Tenancies Tribunal
• The right to remain in the property until a formal eviction order is issued (unless orders say otherwise)
• The right to see and challenge the landlord’s evidence
• The right to repair damages (in most cases) before eviction happens, unless it’s very serious or intentional

Landlords cannot force you out without a legal process.

Deposit Deductions and Financial Responsibility

Landlords can deduct the cost of verified damages from your security deposit. To learn more about what can and cannot be withheld, see Understanding Rental Deposits: What Tenants Need to Know.

For a full overview of the province’s tenant and landlord laws, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Looking for a new place to rent if you need to move? Find rental homes across Canada on Houseme for a variety of listings and helpful search tools.

FAQ: Answers for Tenants Facing Damage Claims

1. Can my landlord evict me without warning for damage?
   No. The landlord must give you a written notice describing the damage, what they expect, and follow legal steps before starting eviction.
2. What if I fix the damage or pay for repairs?
   If you repair the damage or pay the fair cost quickly, the landlord may not need to proceed with eviction. Always get agreements in writing.
3. What happens if I disagree with the damage claim?
   You can dispute the claim by applying to the Residential Tenancies Tribunal for a hearing using Form RTB-Application.
4. Does my deposit cover the damage?
   The landlord can deduct proven damages from your deposit, but not for ordinary wear and tear. You have the right to see the itemized deductions.
5. Should I attend the inspection?
   Yes. Always attend both move-in and move-out inspections when possible to document the property’s condition and protect your interests.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of Newfoundland and Labrador – Guidance, forms, and dispute resolution
• Public Legal Information Association of NL (PLIAN) – Free information and referrals for tenants
• Local Legal Aid NL offices can offer advice for eligible tenants dealing with evictions

1. Residential Tenancies Act, 2018 (NL)
2. Residential Tenancies Tribunal - Government of Newfoundland and Labrador