How to Fight an Eviction in Newfoundland and Labrador

Eviction can be a stressful and confusing experience for tenants in Newfoundland and Labrador. If you're facing an eviction notice, it's important to know your rights, understand the legal process, and take the right steps to protect your home. This guide explains how to respond to eviction notices and participate in hearings under the law in Newfoundland and Labrador.

Eviction Process in Newfoundland and Labrador

In Newfoundland and Labrador, landlord-tenant disputes are handled by the Residential Tenancies Office. Evictions are governed by the Residential Tenancies Act (NL)^[1]. Being familiar with this process is the first step in protecting your rights.

Common Reasons for Eviction

• Non-payment or late payment of rent
• Damage to the rental unit
• Breach of the rental agreement (for example, unauthorized occupants or pets)
• The landlord requires the unit for personal use

Landlords must follow strict notice requirements and procedures outlined in the Act before any eviction can proceed.

Notice of Eviction: What to Expect

If your landlord wishes to end your tenancy, they must give you written notice called a "Notice to Terminate." The notice must clearly state the reason, the effective date, and must comply with requirements in the termination guidelines of the province. The notice period depends on the reason for eviction—for example, unpaid rent typically requires a 10-day notice.

Responding to an Eviction Notice

You do not have to leave immediately when you receive an eviction notice. You have the right to dispute the eviction by applying to the Residential Tenancies Office for a hearing.

Forms You May Need

• Application for Dispute Resolution (Form 12): Use this form if you wish to challenge an eviction notice or any decision by your landlord. It must be filed quickly—within a few days of receiving the notice. Download Form 12 here.
• Notice to Terminate (by Landlord): If your landlord is seeking to evict you, they must use the official Form 1 (Notice to Terminate) and give you appropriate notice.

Example: If you receive a 10-day notice for missed rent but have paid on time, you can file Form 12 with the Residential Tenancies Office to request a hearing and provide proof of your payments.

Your Rights as a Tenant

• The right to written notice of termination
• The right to dispute an eviction before being required to leave
• The right to a fair hearing at the Residential Tenancies Office
• The right to present evidence and witnesses at a hearing
• The right to reasonable notice and time to remedy a problem, such as paying late rent

To learn more about your protections, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

How the Hearing Works

After you file your application, you will receive a hearing date. Hearings are usually held by telephone or video conference, and both you and your landlord can present evidence. The adjudicator will make a decision, which is binding. If you win, the eviction is canceled. If you lose, the landlord may proceed with eviction through the court if necessary.

Other Tenant Protections and Common Issues

Eviction is often linked to issues such as payment disputes, repairs, or communication breakdowns. As a tenant, being proactive with rent payments and maintenance requests can reduce the likelihood of eviction. For more on your ongoing rights and what to expect after signing your lease, see What Tenants Need to Know After Signing the Rental Agreement.

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Frequently Asked Questions

1. Can I be evicted immediately for not paying rent?
   No, your landlord must issue a written Notice to Terminate (usually giving at least 10 days' notice). You have the right to dispute the notice and pay the outstanding amount before eviction proceeds.
2. How do I dispute an eviction notice in Newfoundland and Labrador?
   File a Form 12 Application for Dispute Resolution at the Residential Tenancies Office. Submit your evidence and attend the scheduled hearing.
3. What happens if I lose my eviction dispute hearing?
   The landlord may obtain an official order to terminate your tenancy. If you still don't leave, the landlord can seek enforcement through the courts.
4. Do I have to pay rent during the dispute process?
   Yes. You must continue to pay rent while disputing an eviction, unless the tribunal rules otherwise.
5. Where can I find help or advice if I'm facing eviction?
   Contact the Residential Tenancies Office or provincial tenant support organizations for guidance.

Key Takeaways

• Tenants in Newfoundland and Labrador have robust rights under the Residential Tenancies Act.
• Always act quickly if you receive a notice—use the correct forms and don't ignore deadlines.
• Maintain documentation and seek support if you need help challenging an eviction.

Need Help? Resources for Tenants

• Residential Tenancies Office – Government of Newfoundland and Labrador: For hearings, forms, and tenant information
• Contact the Tenancies Office directly with questions or to request forms
• Legal Aid NL: Free or low-cost legal support for eligible tenants (Legal Aid Newfoundland and Labrador)
• See more about your rights at Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act (NL)
2. Residential Tenancies Office
3. Form 12 – Application for Dispute Resolution
4. Form 1 – Notice to Terminate
5. Termination Guidelines – Government of NL

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