Lawfully Delay an Eviction in Newfoundland and Labrador

Facing eviction can be stressful, but tenants in Newfoundland and Labrador have legal options if you need more time to move or to address issues with your landlord. Understanding your rights and following the proper steps is essential to delay an eviction lawfully and avoid further complications.

Eviction in Newfoundland and Labrador: The Basics

Eviction is the legal process a landlord uses to make a tenant leave a rental unit. In Newfoundland and Labrador, the main legislation governing this process is the Residential Tenancies Act, 2018.^[1] The official authority handling all rental disputes is the Residential Tenancies Office (RTO).^[2] Every eviction must follow strict legal processes – landlords cannot evict tenants themselves or change locks without an official order.

Common Reasons for Eviction

• Non-payment of rent
• Substantial damage to the property
• Repeated late payment of rent
• Disturbance to other tenants or the landlord
• The landlord or their family moving in

Whatever the reason, your landlord must usually give you a written eviction notice before beginning the formal process.

Your Rights When Facing Eviction

Tenants are protected from sudden or unlawful eviction. The law sets out minimum notice periods depending on the eviction reason, and you always have the right to dispute an eviction notice through the RTO. Learning more about your rights can prevent mistakes—review the Tenant Rights and Landlord Rights in Newfoundland and Labrador page for a detailed overview.

How to Lawfully Delay an Eviction in Newfoundland and Labrador

If you receive an eviction notice, you may be able to delay the process by taking the following proper legal steps:

1. Review the Eviction Notice for Errors

• Check if the notice states the correct reason and includes all required information (date, signature, address).
• If you find mistakes, you may be able to dispute the notice on procedural grounds.

2. File a Dispute with the RTO

Tenants have the right to contest an eviction by applying for a hearing at the Residential Tenancies Office. This step can delay the eviction while your case is heard.

• Form Name: Application to Residential Tenancies Section (Form 12)
• When to Use: If you believe the eviction is unfair, incorrect, or you need more time to move.
• How to Use: Complete Form 12 and submit it in person, by email, or by mail to your local RTO office.
• Download Application to Residential Tenancies Section (Form 12)

Act quickly: you generally have 10 days from receiving a notice to file your application.

3. Request More Time from the RTO (Stay of Eviction)

In many cases, you can ask the adjudicator for extra time to leave (called a "stay of eviction"). You must make this request at your hearing. The RTO may grant a delay if it is fair to both sides, such as if you need time to secure new housing or for medical reasons.

4. Repair or Remedy the Breach (If Allowed)

• For rent arrears: Pay the outstanding amount before the notice expires (often stops the eviction if payment is accepted).
• For repair/damage notices: Fix the issue or compensate as required, and notify your landlord in writing.

For tips on your general responsibilities as a tenant and to avoid future problems, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

5. Attend the RTO Hearing

If the eviction proceeds to a hearing, attend in person or by phone. Bring all supporting documents and evidence. The adjudicator will listen to both sides and may decide to dismiss the eviction or set new move-out deadlines.

6. Negotiate Directly with Your Landlord

Reaching a written agreement to stay longer or set a new moving date may avoid formal eviction. Get all agreements in writing and notify the RTO if there is an ongoing hearing.

Need Alternative Housing?

If you need to move soon, you can Find rental homes across Canada on Houseme to speed up your search for a suitable place. This is especially helpful if your stay of eviction is brief or if you want to minimize the stress of an uncertain move-out date.

Frequently Asked Questions about Delaying Eviction

1. How much time do I have to dispute an eviction notice in Newfoundland and Labrador?
   You normally have 10 days from receiving the eviction notice to file a dispute with the Residential Tenancies Office. Check your eviction notice for deadlines and act quickly.
2. What if my landlord changes the locks?
   Landlords are not allowed to change locks or remove your belongings without a legal order from the RTO. Contact the RTO immediately if this happens.
3. Can I pay my overdue rent after receiving an eviction notice?
   Yes, if you pay all outstanding rent and costs before the deadline on the notice, you may be able to stop the eviction. Always get written proof of payment.
4. Will disputing an eviction notice automatically stop the process?
   Filing a dispute pauses the eviction until a decision is made, but you must follow all RTO instructions and attend your hearing.
5. Where can I learn more about my rights?
   Visit the Tenant Rights and Landlord Rights in Newfoundland and Labrador page for a detailed overview of both tenant and landlord obligations.

Key Takeaways

• Tenants have the right to dispute eviction notices and ask for a delay from the RTO.
• Always act quickly—tight deadlines apply for filing disputes and paying arrears.
• Official forms and the RTO process provide protection against unlawful eviction.

If you are unsure of your next step, reach out for advice or support as soon as possible.

Need Help? Resources for Tenants

• Residential Tenancies Office (RTO) – Information, forms, and dispute resolution for rental issues in NL
• Phone: 709-729-2608 (St. John’s), 1-877-829-2608 (toll-free)
• Email: landlordtenant@gov.nl.ca
• Community Legal Information (CLIC) – Free legal information for NL residents
• Review your full rights and obligations on Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. See: Residential Tenancies Act, 2018 (Government of Newfoundland and Labrador)
2. Residential Tenancies Office (RTO) official site
3. Residential Tenancies Office: Forms and Documents

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