Eviction for Landlord’s Family Use in Newfoundland and Labrador: Key Tenant Rules

Worried that your landlord might ask you to leave so a relative can move in? In Newfoundland and Labrador, there are specific rules that protect both tenants and landlords in this situation. Understanding your rights and the legal process can help you respond confidently if this issue comes up.

Eviction Due to Landlord’s Family Moving In: What Does the Law Say?

Under the Residential Tenancies Act, 2018 (Newfoundland and Labrador), a landlord can sometimes end a tenancy if they (or a close family member) want to move into the rental unit. However, this is only permitted under strict conditions and with proper legal notice¹.

• The landlord, their parents, spouse, or children (including a spouse’s children) must genuinely intend to move in.
• A formal written notice must be given to the tenant, following the rules of the Act.
• This notice cannot be used to force out a tenant simply to raise the rent or re-rent for profit.

Who Handles Rental Evictions in Newfoundland and Labrador?

If you disagree with the eviction, the Residential Tenancies Office of Service NL is the official provincial tribunal that oversees landlord–tenant disputes and complaints.

For more details about general tenancy law in the province, read Tenant Rights and Landlord Rights in Newfoundland and Labrador.

What Notice Must Your Landlord Give?

Landlords must use the official Notice to Terminate a Residential Tenancy (Form TRH-18) when giving notice for a family member to move in. Here’s what tenants need to know about this process:

• Notice Period: Normally, 3 months’ written notice is required for fixed-term or month-to-month leases. The notice must state the unbiased reason for eviction: that the landlord or their immediate family plans to move in.
• Form TRH-18: This official form must be filled out and delivered in person, via registered mail, or by another method accepted by the Act. Download Form TRH-18 – Notice to Terminate a Residential Tenancy (PDF)
• If You Disagree: You can dispute the notice by applying to the Residential Tenancies Office within 10 days of receiving it. The tribunal will schedule a hearing and make a decision.

Summary: Tenants have the right to fair notice and an opportunity to challenge an eviction if they believe it is not genuine or legal.

Steps If You Receive an Eviction Notice for Family Occupancy

• Review the notice and confirm it is on Form TRH-18 and provides 3 months’ notice or more.
• Check that the reason given matches the rules in the Residential Tenancies Act, 2018.
• If you think the reason is not genuine or you were not given proper notice, apply to dispute it at the Residential Tenancies Office within 10 days.
• Gather and keep copies of all communication, notices, and supporting evidence for your challenge.
• Prepare to present your case at the hearing if your dispute moves forward.

Detailed tenancy obligations and what happens after you receive notice are described in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Your Tenant Rights in This Situation

• The landlord must follow the legal process exactly as set out in the Act and regulations.
• You are entitled to stay until the end of the notice period, unless a tribunal orders otherwise.
• Retaliatory or bad-faith evictions (e.g., to re-rent for higher price) are prohibited and can be challenged.

Before moving out, it’s a good idea to review How to Properly End Your Rental Agreement as a Tenant so you meet all final obligations and protect your rights.

Looking for your next home? Find rental homes across Canada on Houseme.

FAQs: Eviction for Family Use in Newfoundland and Labrador

1. Can my landlord end my lease early so their family can move in?
   Yes, but only if they follow the rules: proper notice, official form, and genuine intent for immediate family occupancy.
2. What if I think the eviction is not in good faith?
   You can dispute the notice through the Residential Tenancies Office within 10 days of receiving it. Have evidence if possible.
3. Is there compensation if my landlord lies or does not follow through?
   Yes, if the landlord or family does not move in, you can request compensation or reinstatement by applying to the tribunal.
4. Do I have to move out before the notice period ends?
   No, you have the right to remain in your home until the notice period is over or the tribunal orders otherwise.
5. Where can I get more information about tenant rights?
   See Tenant Rights and Landlord Rights in Newfoundland and Labrador for a full overview.

Key Takeaways

• Your landlord can only end your tenancy for family occupancy with 3 months’ written notice and official forms.
• You have a right to dispute the notice within 10 days at the Residential Tenancies Office.
• Bad-faith or improper family-use evictions are not allowed under Newfoundland and Labrador law.

In summary, tenants have clear legal protections and options if faced with a family-use eviction, but must act promptly.

Need Help? Resources for Tenants

• Residential Tenancies Office, Service NL:
  Official provincial resource for tenants and landlords – information, forms, complaints, hearings
• Download Forms and Guidebooks (including Form TRH-18):
  Service NL – Landlord & Tenant Forms
• Provincial Tenant Fact Guide:
  Tenant Rights and Landlord Rights in Newfoundland and Labrador
• General Canada-wide Rentals:
  Find rental homes across Canada on Houseme

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador) – see sections on termination by landlord for own or family use
2. Residential Tenancies Office of Service NL
3. Notice to Terminate a Residential Tenancy (TRH-18) – official form and instructions

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