Landlord Duties for Tenants with Mental Health Needs (NL)

For tenants in Newfoundland and Labrador, fair and equal treatment is a right—not a privilege. If you or someone in your household has mental health needs, it's important to know how your landlord must accommodate you under the law. This article walks you through current landlord obligations, your rights, and what steps you can take if you need support in your tenancy.

Understanding Your Rights as a Tenant with Mental Health Needs

Under the Residential Tenancies Act and the Human Rights Act, 2010 in Newfoundland and Labrador, tenants are protected from discrimination based on disability, which includes mental health conditions (such as depression, anxiety, PTSD, or bipolar disorder). Landlords have a legal duty to accommodate tenants with mental-health needs to the point of undue hardship¹.

• No discrimination: Your landlord cannot refuse to rent to you because of a mental health condition.
• Reasonable accommodation: If you require changes to policies, rules, or your living space due to your condition, landlords must consider your request.
• Privacy: You are not required to disclose specific diagnoses, but you may need to provide documentation confirming your need for an accommodation.

If you want a summary of overall tenant and landlord rights in the province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Common Accommodations for Tenants with Mental Health Needs

Landlords may need to make changes if your mental health requires it, as long as it does not cause serious cost or health and safety issues ("undue hardship"). Examples include:

• Allowing a support person or service animal—regardless of no-pet policies
• Offering flexibility with noise or visitor policies for essential support
• Adjusting communication methods (such as written notice versus phone calls)

The Role of Health and Safety in Accommodations

Landlords must still maintain safe and healthy living conditions for all tenants. If your mental health accommodation request could pose a health or safety risk, landlords can propose alternative solutions or (rarely) refuse, but only when truly necessary. For more on related rights, see Health and Safety Issues Every Tenant Should Know When Renting.

When Landlords Fail to Accommodate

If you believe your landlord is not meeting their duty, you can:

• Communicate your need clearly in writing
• Gather documentation from healthcare professionals
• Apply to the official residential tenancy tribunal
• File a complaint with the Newfoundland and Labrador Human Rights Commission

Filing a Complaint or Application: Step by Step

The Residential Tenancies Office (RTO) is the tribunal for tenant-landlord disputes in Newfoundland and Labrador. If your landlord denies a reasonable request, you may apply to the RTO using:

• Application to Director Form (RTDR)
  Download official form
  Use this to request an order or dispute a landlord decision, including failure to accommodate.

Practical example: If your landlord refuses to allow your emotional support animal, submit the Application to Director with a letter from your healthcare provider attached.

What Landlords Can (and Cannot) Ask

Landlords can ask for documentation to support your accommodation request, but cannot request your detailed medical history. Only confirmation that the adjustment is medically necessary is needed.

General Obligations Under the Law

Both tenants and landlords have responsibilities as set out in the Residential Tenancies Act. It's important for tenants with mental health needs to also fulfill their regular obligations, such as paying rent and not disrupting other tenants. Learn more about responsibilities in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Remember, you are still protected from eviction or other negative actions if the issue directly relates to your mental health, as long as the landlord is aware and accommodation is possible. It's a good idea to keep written records of all communication.

Finding the Right Home for Your Needs

If you're searching for a new rental that can meet your mental health requirements, consider using Canada's best rental listings platform to view accessible and supportive housing options across the country.

1. Can a landlord evict me because of my mental health status?
   No, landlords cannot evict you because of a mental health disability. Evictions must follow legal processes and cannot be based on discrimination.
2. What should I do if my landlord refuses to make reasonable accommodations?
   Document your request and response, and consider filing an application to the Residential Tenancies Office or the Human Rights Commission if needed.
3. Do I need to prove my mental health disability to my landlord?
   You only need to provide enough documentation to confirm the necessity of your requested accommodation, such as a note from a healthcare provider, but not specific medical details.
4. Are service animals or support persons allowed even with a no-pet/no-visitor policy?
   Yes, landlords must accommodate service animals or essential support persons despite these policies, unless it creates undue hardship.
5. Where can I get help understanding my rights?
   Local tenancy organizations, the Residential Tenancies Office, and the Newfoundland and Labrador Human Rights Commission can all offer information and support.

Key Takeaways for Tenants

• You have the right to request reasonable accommodation for mental health needs.
• Landlords must consider these requests unless they pose serious hardship or safety issues.
• Clear documentation and communication will help protect your rights.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO) – Handles disputes and tenant applications.
• Newfoundland and Labrador Human Rights Commission – For discrimination complaints and guidance.
• Provincial Government Tenancy Information – For forms, information, and contact support.

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1. Government of Newfoundland and Labrador, Residential Tenancies Act
2. Government of Newfoundland and Labrador, Human Rights Act, 2010
3. Residential Tenancies Office (RTO)

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