Legal Protections for Tenants with Mental Illness in Newfoundland and Labrador

Living with a mental health condition should never prevent you from finding safe, fair housing in Newfoundland and Labrador. If you're a tenant experiencing discrimination because of your mental illness, understanding your rights can help you protect yourself and assert your dignity in your home.

Provincial Law Protects Tenants with Mental Illness

In Newfoundland and Labrador, tenants are protected from discrimination by both the Human Rights Act, 2010 and the Residential Tenancies Act, 2018^1,2. Discrimination due to mental illness is strictly prohibited, meaning landlords cannot treat you unfairly during application, tenancy, or eviction because of your mental health status.

If you feel your rights as a tenant are being violated, you can turn to the Residential Tenancies Section, Service NL — the official tribunal that handles housing disputes. View the Residential Tenancies Section here.

What Counts as Discrimination?

• Refusing to rent or renew a lease because of mental illness
• Unfair eviction based on your mental health condition
• Denying repairs or necessary accommodations
• Harassment or intrusive questions about your medical history

Landlords are required to provide reasonable accommodations if your mental health needs affect how you live in your unit, as long as it doesn’t cause them undue hardship.

Your Rights Under the Law

Tenants in Newfoundland and Labrador have the right to equal treatment, safe housing, and privacy. If you have a mental illness, you are entitled to reasonable accommodation, which could include service animals, altered communication methods, or flexibility in some house rules.

For a detailed overview of tenant rights and landlord obligations in the province, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Requesting Accommodations for Mental Health

You can request an accommodation either verbally or in writing. It's best to document your request with a dated letter or email. Your landlord may ask for evidence that an accommodation is required, such as a doctor’s note (they do not have the right to specific diagnostic details).

If You Face Discrimination: Steps You Can Take

If you believe your landlord has discriminated against you due to mental illness, you have several options:

• Document Everything: Keep a record of all communications, incidents, and requests for accommodation.
• File a Complaint: Submit a complaint to the Newfoundland and Labrador Human Rights Commission. The complaint form can be downloaded as the Human Rights Complaint Form from the official Commission website. Use this form if you’ve experienced harassment, unfair eviction, or failure to accommodate due to your mental illness.
• Apply to the Residential Tenancies Section: If the issue involves your tenancy agreement (like eviction or repairs), you can file an application using their official forms library. For instance, Form RT – Application by Tenant (to Resolve a Dispute) is commonly used for these situations.

Relevant Forms for Tenants

• Application by Tenant (Form RT): Use this form to address disputes such as illegal eviction or a landlord’s failure to provide reasonable accommodation. Access Form RT here. Example: If you received a notice to vacate and believe it’s because of your mental health, submit this form to start the dispute process.
• Human Rights Complaint Form: Use this form for allegations of discrimination based on mental illness. View and download the Human Rights Complaint Form.

If you’re unsure what to do after moving in or want to understand your ongoing rights and responsibilities, see What Tenants Need to Know After Signing the Rental Agreement for additional guidance.

Reasonable Accommodation: What Does It Mean?

Reasonable accommodation is an adjustment that allows tenants with disabilities—including mental illness—to participate fully in tenancy without causing undue hardship for the landlord. Common examples include allowing a support animal, providing written notice instead of verbal, or modifying apartment features.

• Landlords cannot charge extra for granting accommodations.
• Requests should be made as soon as the need arises.

If your request is denied or you experience retaliation, both the Human Rights Commission and the Residential Tenancies Section can intervene.

Looking for a new, supportive place to live? Browse apartments for rent in Canada to find a rental that fits your needs.

FAQ: Legal Protections for Tenants with Mental Illness

1. Can my landlord deny me a rental unit because of my mental illness?
   No. It's illegal for landlords to refuse to rent to you based on mental illness under the Human Rights Act, 2010.
2. What can I do if I'm being evicted due to my mental health condition?
   You can file a dispute with the Residential Tenancies Section and a complaint with the Human Rights Commission if you believe the eviction is discriminatory.
3. Do I have to tell my landlord about my mental illness?
   No. You only need to share what’s necessary to get reasonable accommodation—your full diagnosis and detailed medical history are not required.
4. How do I request an accommodation?
   You can make a request verbally, but it’s best to do so in writing. Provide enough information for your landlord to understand your needs.
5. Where can I get help with discrimination issues?
   Contact the Human Rights Commission or the Residential Tenancies Section for advice and support.

Key Takeaways

• Tenants with mental illness in Newfoundland and Labrador are legally protected against discrimination and have the right to reasonable accommodations.
• If your rights are denied, official bodies like the Human Rights Commission and Residential Tenancies Section can help.
• Documenting your situation and acting promptly is crucial if you experience discrimination.

Need Help? Resources for Tenants

• Human Rights Commission of Newfoundland and Labrador – Offers advice and processes discrimination complaints.
• Residential Tenancies Section (Service NL) – Handles tenancy disputes, applications, and eviction hearings.
• Tenant Rights and Landlord Rights in Newfoundland and Labrador – Full summary of tenant protections in this province.
• Canadian Mental Health Association – NL – Mental health advocacy, support services, and information workshops.

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1. Human Rights Act, 2010 (NL legislation)
2. Residential Tenancies Act, 2018 (NL legislation)

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