How Newfoundland Tenants Are Protected Against Retaliation

If you're renting in Newfoundland and Labrador, you have the right to a safe and fair home. But what if your landlord tries to punish you for making a complaint—such as asking for repairs or reporting health and safety issues? This guide outlines your protections against retaliation, the complaint process, and how to get help if you believe you're being treated unfairly.

What Is Retaliation in Tenant-Landlord Law?

Retaliation occurs when a landlord takes negative actions against a tenant (like eviction threats, rent increases, or reducing services) in direct response to a tenant exercising their legal rights—for example, making a repair request or filing a complaint with authorities. Retaliatory actions are strictly prohibited under Newfoundland and Labrador's residential tenancy law.

Your Legal Rights: Protection Against Retaliation

The key legal safeguard for tenants in Newfoundland and Labrador is the Residential Tenancies Act (RTA). The Act makes it illegal for landlords to penalize tenants for:

• Requesting necessary repairs or addressing Health and Safety Issues Every Tenant Should Know When Renting
• Contacting the Residential Tenancies Office (RTO) to resolve disputes
• Refusing illegal requests, such as improper rent increases

Section 12 of the RTA specifically prohibits landlords from "terminating or restricting a service or privilege," or evicting after a tenant has asserted their rights.^[1]

What Counts as Retaliation?

Actions by landlords may be considered retaliatory if they are direct responses to a tenant complaint or legal action, including:

• Eviction notices shortly after a formal complaint
• Unjustified rent increases
• Withholding vital services (like heat or water)

What Should You Do if You Suspect Retaliation?

If you think your landlord is retaliating, it’s important to act quickly and document every incident. Common steps include:

• Writing down each event with dates and details
• Keeping copies of written complaints, notices, and communications
• Contacting the Residential Tenancies Office (RTO) for advice or to start a formal application

How to File a Complaint or Challenge Retaliation

The Residential Tenancies Office (RTO) is the official tribunal that handles rental disputes in Newfoundland and Labrador. They provide a fair process for complaints about retaliation, maintenance, unlawful eviction, and more.

• Residential Tenancies Office (RTO)

Forms and Process

Here's how to formally address retaliation:

• RTO Application for Dispute Resolution (Form 6): Use this form to request a hearing if you believe your landlord has retaliated against you. Download Form 6. For example, if you receive an eviction notice after reporting a needed repair, you can file Form 6 and outline your case to the tribunal.
• Other Related Forms: You may need additional forms depending on your situation (e.g., Request to Dismiss for lack of merit, or to adjourn a hearing). Check the full list at the RTO's official forms page.

Step-by-Step: What Tenants Need to Do

• Document every interaction, complaint, and suspected retaliatory action
• Attempt to resolve informally, if possible (e.g. through written communication)
• If unresolved, complete and submit Form 6 and submit it to the RTO
• Participate in the scheduled hearing — bring all your documentation
• Comply with the RTO’s decision, which is legally binding

For more tips on handling disputes, see How to Handle Complaints in Your Rental: A Tenant’s Guide.

Know Your Rights and Responsibilities

In addition to anti-retaliation protections, tenants and landlords each have legal duties. Knowing your rights—in areas like repairs, notices, and rent payments—is crucial. Review Obligations of Landlords and Tenants: Rights and Responsibilities Explained for a full picture of what is expected from both sides.

Where Can I Learn More?

For a complete overview of provincial rules and tenant protections, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Need a new place to call home? Browse apartments for rent in Canada—your easy way to find rentals across Newfoundland and the rest of the country.

FAQs: Tenant Protection Against Retaliation in Newfoundland and Labrador

1. Can my landlord evict me for complaining about repairs?
   No. Under the Residential Tenancies Act, it is illegal for a landlord to evict or threaten to evict a tenant in retaliation for exercising their legal rights, such as reporting a needed repair.
2. What should I do if I get a rent increase after making a complaint?
   Document the timeline and details and report your concern to the RTO, as sudden rent increases may be retaliatory. The board will review if the increase is justified under provincial law.
3. How long do I have to take action if I think my landlord is retaliating?
   It's best to act promptly. File your complaint as soon as possible, as delays may weaken your case. Check with the RTO for any formal time limits.
4. Will I need to attend a hearing if I file a complaint?
   Yes. Most disputes are resolved by an RTO hearing, where both tenant and landlord can present evidence. The hearing is usually informal and aims for fair resolution.
5. What evidence should I collect to support my complaint?
   Keep copies of letters, emails, repair requests, and any responses. Take photos if applicable. Detailed notes about dates and events are very helpful at your hearing.

Key Takeaways

• Landlords cannot retaliate against tenants for asserting their legal rights.
• The Residential Tenancies Office offers a clear and fair process to resolve disputes.
• Document every incident and act quickly if you believe you’re facing retaliation.

Understanding your rights—and how to use them—will help ensure a safe, respectful renting experience.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO): Provincial authority for all rental disputes in Newfoundland and Labrador. Phone: 1-877-829-2608
• Tenant FAQ – NL Government
• Local tenant advocacy and resource centres can offer guidance—check with your municipality or community legal aid office.

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1. Residential Tenancies Act, 2018 (NL). See full text of Newfoundland and Labrador Residential Tenancies Act
2. Residential Tenancies Office, NL. See official forms and complaint process at RTO Newfoundland and Labrador

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