Eviction for Misconduct Allegations: Tenant Guide NL

If you are a tenant in Newfoundland and Labrador and have been told you may be evicted due to allegations of misconduct, it’s natural to feel anxious and uncertain. Understanding your rights and knowing how to respond can help protect your home and ensure fair treatment. This article explains what to do if you face eviction based on claims of misconduct, the processes the Residential Tenancies Tribunal follows, the required forms, and steps for defending yourself. Whether the allegation is for serious disturbance, damage, or illegal activity, being informed puts you in a stronger position.

Misconduct Allegations: What Counts and What Happens?

Landlords in Newfoundland and Labrador can apply to evict a tenant for reasons defined as "misconduct" under the Residential Tenancies Act, 2018^[1]. Misconduct often includes, but is not limited to:

• Persistent late rent payments
• Willful damage to rental property
• Causing disturbances to other tenants or neighbours
• Illegal activity at the rental unit

The process for eviction starts with the landlord giving you a written notice or applying directly to the Residential Tenancies Tribunal (RTT).

Common Misconduct Grounds Explained

Here's a summary of the common reasons a landlord might claim misconduct:

• Serious Disturbance: Behaviours repeatedly interfering with others’ peace or enjoyment.
• Property Damage: Willfully or negligently causing damage beyond normal wear and tear.
• Illegal Activity: Any conduct that violates laws and puts occupants or property at risk.

If the misconduct is proven, the landlord may issue a 5-day notice to vacate or apply directly to the Tribunal for an eviction order. However, tenants have rights and must be given a chance to respond.

Your Rights and What You Should Do First

Even if you receive notice, you do not have to leave immediately. You have the right to dispute the eviction allegation through an official hearing. The Residential Tenancies Tribunal is neutral and decides if the eviction should be allowed based on evidence from both sides.

Key immediate actions:

• Carefully read the written notice or Tribunal application
• Check the reason given and supporting evidence (e.g., complaints, police reports, photos)
• Gather your side of the story or any proof, such as communications, repair receipts, or witness statements
• Don’t ignore deadlines – acting promptly is critical to protect your rights

Relevant Tribunal and Legislation

The Residential Tenancies Tribunal of Newfoundland and Labrador (RTT) handles all residential eviction matters in the province. Eviction processes are governed by the Residential Tenancies Act, 2018.

To learn more about the legal framework and your protections, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Understanding Official Eviction Forms and the Hearing Process

There are two main forms/steps involved if you’re being evicted for misconduct:

• Notice of Termination (Form RT-DR-001): Used by landlords to give you written notice of eviction for specific misconduct. You should receive this form, stating the reason and proposed move-out date.
  See official Notice of Termination form .
• Application for Dispute Resolution (Form RT-DR-002): Fill this out if you wish to challenge the notice or the landlord applies for an eviction without giving you prior notice. You file this with the Tribunal to request a hearing.
  View the Application for Dispute Resolution form.

Example: If your landlord claims you caused a serious disturbance and issues a Notice of Termination, you have five days to contest this by applying for dispute resolution.

Preparing for Your Hearing

• Bring all evidence supporting your case (photos, letters, texts)
• You may be able to bring witnesses
• Attend the hearing on the date set by the Tribunal

What Happens if You Win or Lose the Case

The Tribunal may decide in your favour (eviction denied), or against you (eviction allowed).

• If you win: You get to stay, and the landlord cannot evict you for this issue.
• If you lose: You will be given a set date to move out. Evictions enforced by the Tribunal are legal and must be followed.

You may also be responsible for costs or damages if ruled against, so always provide your side of the story fully and honestly.

Helpful Related Tenant Rights

Understanding your obligations can help prevent misunderstandings that lead to eviction. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a full breakdown.
Also, you can explore Houseme for nationwide rental listings if you are searching for a new place.

FAQ: Eviction Due to Misconduct Allegations

1. What counts as tenant misconduct that could lead to eviction?
   Misconduct can include damaging property, repeated disturbances, illegal activity in the unit, or actions that interfere with other tenants’ peaceful enjoyment.
2. Do I have to move out as soon as I get an eviction notice?
   No. You have the right to dispute the notice through the Residential Tenancies Tribunal. Only if the Tribunal approves the eviction will you be required to leave.
3. How do I challenge an eviction for misconduct in Newfoundland and Labrador?
   You must complete the Application for Dispute Resolution (Form RT-DR-002) and submit it to the Tribunal within five days of receiving the notice.
4. Can my landlord evict me for a false allegation?
   Landlords must provide evidence of misconduct. If you believe the allegation is untrue or exaggerated, you should present your side and supporting evidence at the hearing.
5. Where can I get more help if I'm facing eviction?
   Contact the Residential Tenancies Tribunal for guidance or reach out to local legal aid/tenant advocacy organizations for advice.

Conclusion

• Never ignore an eviction notice—know your rights and respond quickly using official forms.
• The Tribunal makes the final decision after hearing from both sides; evidence matters.
• Seek support if you feel overwhelmed—resources are available to help tenants stay informed and empowered.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (NL) – Guidance, forms, and dispute applications
• Public Legal Information Association of NL – Legal information and referral
• Local Legal Aid NL – Free/low-cost legal services for eligible tenants
• Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act, 2018 (NL)
2. Residential Tenancies Tribunal official forms and documents

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