Key Eviction Rulings Tenants Should Know in Newfoundland and Labrador

Facing eviction is one of the most stressful experiences a tenant can go through. In Newfoundland and Labrador, knowing your rights and understanding past rulings can help you respond confidently and protect your home. This article highlights essential eviction case outcomes, explains the legal processes, and provides actionable tips for tenants navigating these challenges.

Who Decides Eviction Cases in Newfoundland and Labrador?

Eviction disputes in Newfoundland and Labrador are handled by the Residential Tenancies Office (RTO). This official body applies the Residential Tenancies Act, 2018, which sets the rights and obligations for both landlords and tenants in the province.^[1][2]

Types of Eviction: Common Rulings Every Tenant Should Know

There are several legal reasons a landlord can end your tenancy. Here are the most frequent eviction grounds—and how Newfoundland and Labrador's history of rulings can affect your case:

1. Non-Payment of Rent

• If you’re even one day late, a landlord can issue a 10-day eviction notice for unpaid rent.
• If the rent is paid within those 10 days, eviction is canceled. If not, the landlord can apply to the RTO for an order to terminate.

Case Example: In many documented decisions, tenants who paid the arrears before the hearing were allowed to stay, but repeated late payments can still lead to eviction.^[3]

2. Breaching the Lease

• Serious breaches—like subletting without consent, damaging the unit, or disturbing other tenants—can result in a 10-day notice.
• However, trivial or one-off breaches are often not accepted as cause for eviction by the tribunal. Past cases show tenants may successfully defend themselves against overreaching claims.

3. Landlord’s Own Use or Renovations

• Landlords must give a minimum of 90 days’ written notice if evicting a tenant so they or a close family member can move in, or if they plan major renovations that require the unit to be vacant.
• The landlord must use the Notice to Terminate (Form 10).

4. Health and Safety or Illegal Activity

• Eviction can occur with just 5 days' notice for issues endangering health or safety, or for certain illegal activities.
• RTO rulings focus on evidence—such as inspection reports or police records—before eviction is ordered.

For more on safe rentals, read Health and Safety Issues Every Tenant Should Know When Renting.

Eviction Forms: What Tenants Should Look Out For

• Notice to Terminate (Form 10): The official written notice from your landlord. Used for most evictions—must state the reason, notice period, and supporting facts. Download the official Form 10.
• Application for Dispute Resolution (Form 12): Both tenants and landlords use this to challenge or enforce eviction notices at the RTO. Practical example: If you feel an eviction is unfair, complete Form 12 and submit it to the RTO to ask for a hearing. Official Form 12 download and instructions.

Key Steps for Tenants Facing Eviction

• Read the notice carefully—confirm the notice type, dates, and grounds match legal requirements under the Residential Tenancies Act, 2018.
• Gather evidence (receipts, emails, photos) relevant to your dispute.
• Apply to the RTO with Form 12 if you want to dispute the eviction within the required time (usually 5–10 days from receiving the notice).
• Attend your RTO hearing, prepared to present your side.

Tip: The reasons stated on your eviction notice must be specific and backed by facts. Generic or vague notices are often dismissed by the tribunal.

Past Rulings: Real-World Lessons

Past RTO decisions show that:

• Late or missing rent can be forgiven if promptly paid with a reasonable explanation—and the pattern isn’t repeated.
• Landlords who try to evict for "own use" must actually move in or carry out planned work, or risk penalties.
• Health or safety evictions require clear evidence from inspections or expert reports.

For a comprehensive overview of tenant and landlord rights in this province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Staying on top of your responsibilities helps prevent problems. Learn more at Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If you’re searching for a new home or planning ahead, Find rental homes across Canada on Houseme for the latest options and a smooth rental experience.

FAQ: Newfoundland and Labrador Tenant Eviction Rulings

1. Can my landlord evict me for late rent if I pay before the hearing?
   Usually, if you pay all rent owing (including late fees) before the RTO hearing, eviction for non-payment is canceled. Persistent late payment may still be grounds for non-renewal or future eviction.
2. What if I believe the eviction notice is unfair or based on false claims?
   You can apply to the RTO to dispute the notice using Form 12. Gather relevant evidence and file promptly—usually within 5–10 days.
3. How much notice am I entitled to for eviction?
   This depends on the reason. Most grounds (like personal use/renovation) require 90 days’ notice. Non-payment or serious breach often needs only 10 days; health/safety issues can be as few as 5.
4. What should I do if my landlord tries to evict me without the correct form or notice period?
   Improper notices are not enforceable. Submit a dispute application to the RTO as soon as possible.

Conclusion

• Understand your grounds for eviction and know that past rulings often favour tenants with evidence and timely action.
• Always check eviction notices for accuracy and proper form—incorrect details may invalidate them.
• If unsure or facing eviction, reach out to the Residential Tenancies Office quickly for help.

Need Help? Resources for Tenants

• Residential Tenancies Office – Newfoundland and Labrador: Forms, dispute applications, legal information, and complaint support.
• Tenant Advocacy (public legal education): Public Legal Information Association of NL
• Tenant Rights and Landlord Rights in Newfoundland and Labrador: Your essential guide to local laws

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1. Government of Newfoundland and Labrador, Residential Tenancies Office (RTO)
2. Residential Tenancies Act, 2018
3. See sample tribunal decisions at: Residential Tenancy Decision Archive

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