How to Appeal a Rental Dispute Decision in Newfoundland and Labrador

If you’re a tenant in Newfoundland and Labrador and received a decision from the Residential Tenancies Section (RTS) that you believe was unfair or incorrect, you have the right to appeal. Understanding the appeal process helps you protect your rights and ensure your voice is heard under the province’s rental laws. This guide walks you through appealing a decision, important deadlines, required forms, and where to get support.

Who Handles Rental Disputes in Newfoundland and Labrador?

Residential tenancy disputes in Newfoundland and Labrador are managed by the Residential Tenancies Section (RTS), part of Service NL. This body oversees dispute resolution, evictions, repairs, rent increases, security deposits, and other common issues between tenants and landlords.

The law that governs landlord and tenant relationships is the Residential Tenancies Act, 2018.^[1]

Can You Appeal a Residential Tenancies Decision?

Yes, tenants who disagree with a decision made by a Residential Tenancies Officer have the right to appeal to the provincial Supreme Court. This appeal is called a "hearing de novo", which means the case is heard again from the beginning—with all evidence and arguments reconsidered.

When and How to Appeal

Timelines matter: You have only 10 days from the date the decision is released to file your appeal. Missing this deadline can result in you losing your right to appeal, and the original decision will stand.

Step 1: Obtain Your Written Order

• The Residential Tenancies Officer issues a written decision or order after your hearing.
• Review the decision carefully. If you find errors or disagree with the findings, prepare to act quickly.

Step 2: Complete the Appeal Form

You must file an application with the Supreme Court of Newfoundland and Labrador – General Division.

• Form: Notice of Appeal (No official government number/name for residential tenancy, but use a Notice of Appeal in court format). Download from the official court forms page.
• How it's used: This form informs the court, your landlord, and the Residential Tenancies Section that you intend to dispute the Officer's decision. For example, if the Officer orders you to move out, filing this appeal will temporarily stop eviction until the Supreme Court rules.
• What details to include:
  • Your contact information
  • The specific order you are appealing
  • Why you believe the decision was wrong

Step 3: Serve Notice

• Once you file your Notice of Appeal with the Supreme Court, serve a copy to:
  • Your landlord
  • The Residential Tenancies Section

Step 4: Attend Your Court Hearing

• The Court will schedule a new hearing and notify both you and your landlord.
• Bring all relevant paperwork, evidence, and witnesses to present your case.

Official Forms Used in Appeals

• Notice of Appeal – No assigned government number, but template must follow the format used by the Newfoundland and Labrador courts. Download from the Supreme Court Forms Page.
• Written Officer's Order – Provided by the Residential Tenancies Section after your original hearing.

Be sure to attach the original order, any supporting evidence, and be clear and specific on your grounds for appeal.

Tips for a Successful Appeal

• Start the process as soon as possible after receiving your order.
• Prepare all documentation—letters, emails, photos, receipts—that support your position.
• Consider asking for legal help if you're unsure how to present your case.
• Keep track of every deadline to avoid losing your chance to appeal.

For broader rights and responsibilities as a tenant in this province, review Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Appeals are usually used when there are legal mistakes or when key facts were not considered. Many common rental disputes—like repairs or maintenance—can be addressed earlier. Learn about Common Issues Tenants Face and How to Resolve Them to help avoid escalation to a formal hearing.

Looking for a new home? Browse apartments for rent in Canada with helpful filters, photos, and interactive maps.

Frequently Asked Questions About Appealing an LTB Decision

1. What happens if I miss the 10-day appeal deadline?
   If you miss the appeal deadline, the Residential Tenancies Officer's order stands and is enforceable. In exceptional cases, you might ask the Court for an extension, but it is rarely granted.
2. Do I need a lawyer to file an appeal?
   You do not need a lawyer, but the appeal is in Supreme Court, which can be complex. Legal advice is recommended, especially for appeals involving evictions or significant financial amounts.
3. Does filing an appeal stop my eviction?
   In most cases, an appeal will pause (“stay”) the eviction until the Court hears your case. Ask Court staff or review your written order to confirm your specific situation.
4. How much does it cost to file an appeal?
   You must pay the court’s filing fee (check the fees schedule). If you have a low income, ask about requesting a fee waiver.
5. Where do I get the forms for appealing?
   Download the Notice of Appeal and other necessary forms from the Supreme Court’s forms page or pick up a copy in person at the courthouse.

Key Takeaways for Tenants in Newfoundland and Labrador

• You have the right to appeal a Residential Tenancies decision, but strict timelines apply.
• Appeals are filed with the Supreme Court, not the Residential Tenancies Section.
• Prepare thoroughly and seek help if you’re unsure about court procedures.

Need Help? Resources for Tenants

• Residential Tenancies Section, Newfoundland and Labrador: Information, complaint forms, and dispute guidance.
• Supreme Court of Newfoundland and Labrador: Appeal hearings and forms.
• Local legal aid clinics: Free or low-cost legal support for qualifying tenants. Newfoundland and Labrador Legal Aid Commission.

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)

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