Living in Newfoundland and Labrador, tenants need to know what to do when a tree falls on or damages a rental property. A fallen tree can cause injury, structural damage, and disruption — and it raises questions about who pays for repairs and who is responsible for safety. This article explains how liability is commonly assessed in NL, the role of landlord and tenant responsibilities, when renter or landlord insurance may apply, and practical steps tenants should take immediately to document damage, stay safe, and protect their rights. The guidance is written for renters and tenants without legal training and points to official provincial resources and forms to help you act quickly and confidently.
Who is usually liable?
Liability depends on where the tree was located, who owned or controlled the tree, whether there was prior notice of risk, and whether someone failed to take reasonable care. If the tree was on the landlords property and they knew (or reasonably should have known) it was dangerous but did not arrange removal or repairs, the landlord may be liable. If the tenant caused damage by improper care (for example, damaging roots), the tenant could be responsible. If a third party or an extreme storm caused the fall, liability may be limited and insurance often determines who pays.
Immediate steps for tenants
- Within 24 hours, call emergency services if anyone is injured and ensure the area is safe.
- Document damage with photos and video and keep a written log of when and what you observed.
- Serve a written notice to your landlord describing the damage and the safety risk.
- Keep all repair estimates, receipts, and records for insurance or tribunal claims.
- File an insurance claim if your renter policy covers falling-object or storm damage.
Health, safety and repairs
If there is a safety hazard (exposed wiring, structural collapse, leaks), request immediate interim repairs from the landlord and avoid the dangerous area. If the landlord does not address urgent safety issues, tenants in Newfoundland and Labrador can seek emergency remedies through the provincial tribunal process or contact local building authorities for unsafe conditions. For general guidance on building and habitability risks see Health and Safety Issues Every Tenant Should Know When Renting.
Insurance: renter and landlord policies
Renters insurance commonly covers tenants personal property and may include limited additional living expenses if the unit becomes uninhabitable; it does not usually cover damage to the building itself. Landlord insurance covers the building and sometimes liability for injuries. Review your policy details and contact your insurer to start a claim. If you are searching for rental options or comparing listings that note insurance requirements, you can Find rental homes across Canada on Houseme to see how properties are described and what insurance may be expected by landlords.
Filing disputes and official forms
If you cannot resolve the issue with your landlord, you may apply to the Residential Tenancies Tribunal for Newfoundland and Labrador to seek orders for repairs, compensation, or other remedies. The key documents tenants use include an application to the tribunal and any notice or repair request you served on the landlord. Examples:
- Application to the Residential Tenancies Tribunal (used to ask the tribunal for an order); see the official forms page for how to complete and file this form.[2]
- Written notice to landlord (no formal number) (used to tell the landlord about damage and request repairs; keep a dated copy for your records).
For guidance on which remedy to pursue, tenants often review the Residential Tenancies information provided by Service NL and, if needed, apply to the tribunal.[1] The governing legislation that sets out rights and obligations for landlords and tenants in Newfoundland and Labrador is the Residential Tenancies Act; consult the official legislative or Service NL pages for the current text and rules.[3]
Key Takeaways
- Document damage immediately with photos, video, and written notes.
- Notify your landlord in writing and keep copies of all communications.
- Check both renter and landlord insurance and file claims where appropriate.
FAQ
- Who pays if a tree on the landlords property falls on my rental?
- If the tree was on the landlords property and they knew it was a hazard but failed to act, the landlord may be responsible for repairs and related costs; document the condition and use the tribunal if the landlord does not resolve the issue.[1]
- Does renters insurance cover tree damage?
- Renters insurance usually covers your personal belongings and certain living-expense costs if you must move temporarily, but not building repairs. Always check your policy wording and contact your insurer to start a claim.
- How do I apply to the Residential Tenancies Tribunal in Newfoundland and Labrador?
- Start by serving a written notice to your landlord and keeping records. If that fails, complete the tribunal application form and follow filing instructions on the official Service NL forms page to request repairs or compensation.[2]
How-To
- Document the damage with dated photos, video, and a written log.
- Serve a written notice to your landlord describing the problem and requesting repairs.
- Secure immediate safety measures (stay clear of hazards and call emergency services if needed).
- File an insurance claim with your insurer and provide the documentation you collected.
- If unresolved, apply to the Residential Tenancies Tribunal and bring your records to any hearing.
Help and Support / Resources
- Residential Tenancies Tribunal (hearing & applications) Service NL
- Tenant support and info Service NL
- Emergency repairs and safety resources Service NL
