Handling Landlord Retaliation in Newfoundland and Labrador

If you've recently reported your landlord in Newfoundland and Labrador for concerns like repairs, health or safety issues, or possible legal violations, you may worry about facing retaliation. Retaliation can make tenants feel vulnerable, but it is important to know that both the law and official residential tenancy authorities are on your side. Understanding your rights can help you take confident and effective action.

What Is Retaliation and Is It Illegal?

Retaliation occurs when a landlord takes negative action against a tenant because the tenant has exercised their legal rights, such as filing a complaint, reporting a problem, or joining a tenant association. Examples include abrupt eviction notices, unjustified rent increases, or refusing repairs right after you make a complaint. In Newfoundland and Labrador, retaliatory action from a landlord is prohibited under the Residential Tenancies Act, 2018¹.

Common Signs of Retaliation

• Receiving a notice to end tenancy shortly after reporting a problem
• Sudden or excessive rent increases after you file a complaint
• Withdrawal or delay of essential repairs or maintenance
• Unexplained changes in the terms of your rental agreement

Documenting these changes is essential if you suspect retaliation. For more about tenant rights and the responsibilities of landlords, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What You Should Do If You Suspect Retaliation

If you believe your landlord is retaliating against you, keep detailed records of:

• The initial complaint or report you made (date, reason, and how it was delivered)
• Any landlord responses (notices, emails, phone calls)
• Changes in your rental situation following your complaint

Having a clear timeline will help if you need to present evidence.

How to File a Complaint with the Residential Tenancies Division

In Newfoundland and Labrador, the Residential Tenancies Division handles disputes between landlords and tenants. If you believe you are experiencing retaliation, you can apply for remediation or dispute resolution.

Key Form: Tenant's Application for Dispute Resolution

• Form Name: Application for Dispute Resolution
• When to Use: When you need an official hearing, such as if your landlord issues a notice to end your tenancy or another retaliatory action after you've reported them
• How to Use: Complete the Application for Dispute Resolution (PDF) and submit it to the Residential Tenancies Division as soon as possible

Practical example: If your landlord gives you a termination notice right after you report a health and safety concern, fill out the Application for Dispute Resolution to challenge the notice and ask for a hearing.

Steps in the Complaint Process

• File your Application for Dispute Resolution form with the Residential Tenancies Division
• Serve the landlord (the Division can guide you on this requirement)
• Prepare your evidence (records, photos, correspondence)
• Attend the scheduled hearing, present your case, and await a written decision

For a more comprehensive overview of issues tenants often experience, see Common Issues Tenants Face and How to Resolve Them.

Your Legal Protections Under Newfoundland and Labrador Law

The Residential Tenancies Act, 2018 specifically protects tenants from retaliation. If a landlord tries to end your tenancy or substantially change your rental terms after you’ve exercised your rights, you may have strong legal grounds to challenge their actions. A decision from the Residential Tenancies Division is legally binding on both parties.

Key takeaway: Always respond promptly to notices and keep organized documentation of all interactions with your landlord.

Examples of Legal Retaliation Protections

• Termination notice served after a complaint may be found invalid if proven retaliatory
• Refusal to renew a lease right after reporting a violation can be challenged
• Rent increases issued in bad faith following a complaint are reviewable

For more resources on tenant laws and facts, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Practical Guidance on Avoiding and Addressing Retaliation

• Always communicate important issues in writing (email, letter) and save copies
• Review your lease to understand your current rights
• Continue to pay rent in full and on time
• Contact the Residential Tenancies Division promptly if you receive a questionable notice

Looking for a New Place?

If you’re considering moving as a result of ongoing issues, you can Search Canadian rentals with interactive map view for options that suit your needs and budget.

FAQ: Handling Retaliation After Reporting a Landlord

1. What can I do if my landlord gives me an eviction notice after I make a complaint?
   You should file an Application for Dispute Resolution with the Residential Tenancies Division. Keep a record of your complaint and evidence to support that the notice is retaliatory.
2. Is it legal for my landlord to increase my rent right after I report them?
   No, a retaliatory rent increase is not permitted. You can challenge such an increase with the Residential Tenancies Division.
3. Can my landlord refuse to renew my lease if I complained about something?
   If the refusal is a direct result of your complaint, it could be seen as retaliation and can be disputed.
4. What documents should I keep if I think my landlord is retaliating?
   Save all correspondence, copies of your complaint, notices received, and any relevant photos or records.
5. Who handles tenant-landlord disputes in Newfoundland and Labrador?
   The Residential Tenancies Division. You can contact them directly for information and assistance.

Key Takeaways for Tenants Facing Retaliation

• Retaliation by landlords is prohibited by law in Newfoundland and Labrador.
• Use the Application for Dispute Resolution if you believe you've been targeted for taking legal action.
• Seek information, keep records, and don’t hesitate to get support if unsure about your rights.

Need Help? Resources for Tenants

• Residential Tenancies Division – Newfoundland and Labrador
• General inquiries: 709-729-2610 or landlordtenant@gov.nl.ca
• Legal information: Public Legal Information Association of NL publiclegalinfo.com
• Find housing: Search Canadian rentals with interactive map view

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador) – Read the legislation
2. Residential Tenancies Division, Government of Newfoundland and Labrador – Official website

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