Eviction Process Timeline for Tenants in Newfoundland and Labrador
Facing eviction can be stressful, but understanding the eviction process timeline in Newfoundland and Labrador can help you prepare and protect your rights as a tenant. This guide breaks down each step, identifies key notice periods, and explains what to expect along the way.
Which Tribunal Handles Evictions?
Eviction matters in Newfoundland and Labrador are handled by the Residential Tenancies Office. This office oversees applications and provides information for both landlords and tenants. The eviction process is mostly governed by the Residential Tenancies Act, 2018. Details about tenant and landlord rights specific to this province are available here: Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Eviction Notice Periods in Newfoundland and Labrador
The notice period landlords must give tenants depends on the eviction reason:
- Non-payment of rent: 10 days’ written notice.
- Breach of lease (other than non-payment): 10 days’ written notice.
- End of fixed-term lease: Landlord may give notice according to lease terms, typically at least one rental period in advance.
- Owner or immediate family moving in, major renovations, or conversion: At least 60 days’ notice.
Notice must be in writing, specifying the reason and the move-out date.
Official Forms Used in the Eviction Process
- Notice to Terminate (Form NLT-1 or NLT-2): These forms are used by landlords to provide written notice to end a tenancy. Example: If your rent is overdue and the landlord serves an NLT-1 for non-payment of rent, it starts the 10-day notice period. Find official forms and details at the Residential Tenancies Office Forms page.
- Application for Dispute Resolution (Form NLT-7): If you disagree with the eviction notice or want to challenge it, use this form to apply for a hearing with the Residential Tenancies Office. For example, use it if you think the notice was given improperly or the eviction is unjustified. View the NLT-7 form and instructions.
Tenants served with a notice are encouraged to respond in writing and gather any evidence related to payment, lease breaches, or the condition of the unit if the eviction is contested.
Step-by-Step: What Happens During the Eviction Process?
- Tenant receives a written eviction notice: Check the reason, notice length, and move-out date. Act quickly and keep a copy for your records.
- If you disagree: File an Application for Dispute Resolution (NLT-7) with the Residential Tenancies Office before the notice period ends. Include supporting evidence and attend the scheduled hearing.
- If you do not move out: The landlord may apply for an official order of possession after the notice period. The office may then issue an eviction order enforceable by the sheriff.
- Attending a hearing: If a hearing is scheduled, present your side, provide documents, and answer questions from the adjudicator.
- Receiving an eviction order: If the Residential Tenancies Office grants an eviction, you must vacate as ordered. Enforcement is handled by the sheriff if necessary.
Contesting an Eviction: Your Rights
You have the right to challenge an eviction notice. If you believe the notice was issued in error or unfairly—for instance, due to a misunderstanding or because you have paid your rent in full—submit an Application for Dispute Resolution right away. You’ll get a chance to share your side and present evidence.
What Happens If an Eviction is Upheld?
If the tribunal upholds the landlord’s request, you will need to leave by the date specified in the order. If you leave the unit in good condition, you may be entitled to your rental deposit back with interest (specifics outlined here: How to Get Your Security Deposit Back with Interest When Moving Out).
Key Tenant Responsibilities During Eviction
- Keep paying rent and following your agreement until the process concludes.
- Document all communication with your landlord.
- Clean and vacate the premises by the eviction date if ordered to do so.
Read up on the Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more information on your duties during this process.
If you are looking for a new place during or after an eviction, Browse apartments for rent in Canada quickly and easily online.
FAQ: Eviction Process for Tenants in Newfoundland and Labrador
- How long does an eviction take in Newfoundland and Labrador?
The eviction process can be as short as 10 days for non-payment or lease violations. If a dispute is filed, the process will take longer, allowing time for hearings. - Can I stay in my apartment if I pay my rent before the eviction date?
Yes. If you pay all arrears and any late fees before eviction is finalized, the landlord’s notice for non-payment is usually canceled under the Residential Tenancies Act. - What if I did not receive proper written notice?
If notice was not written, was not properly delivered, or did not specify a legal reason, it may be invalid. You should challenge it with the Residential Tenancies Office. - Will an eviction affect my security deposit?
As long as you leave the unit in good condition and give back the keys, you may get your security deposit (and interest) back.
Conclusion and Key Takeaways
- The eviction process in Newfoundland and Labrador is governed by written notice, clear timelines, and opportunities to contest.
- Filing forms and responding quickly at every stage is essential for protecting your rights as a tenant.
- Know your rights, keep records, and contact the Residential Tenancies Office for support if you have questions or concerns.
Need Help? Resources for Tenants
- Residential Tenancies Office Newfoundland and Labrador – Official information, forms, and help line.
- Tenant advocacy: Newfoundland and Labrador Legal Aid (legalaid.nl.ca)
- Review Tenant Rights and Landlord Rights in Newfoundland and Labrador for more about local laws and complaint processes.
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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