Maintenance Enforcement for Tenants in Newfoundland and Labrador

Tenants in Newfoundland and Labrador have the right to live in rental units that are properly maintained and safe. If your landlord is neglecting repairs or failing to address important maintenance issues, it’s crucial to know how you can seek enforcement and ensure your home is kept up to standard under provincial law.

Landlord Maintenance Responsibilities in Newfoundland and Labrador

The Residential Tenancies Act (NL) requires landlords to maintain rental properties in a state that is habitable and in compliance with health and safety standards.^[1] This means your landlord is responsible for:

• Repairing damage from normal wear and tear
• Ensuring essential services (like heating, water, and electricity) are working
• Maintaining common areas
• Fixing anything that could pose a health or safety risk

Your lease or rental agreement cannot waive these maintenance obligations. For a general overview of rights and obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Qualifies as Maintenance Neglect?

Maintenance neglect includes situations where your landlord:

• Refuses to fix heating or plumbing
• Ignores structural issues (e.g., leaking roof, broken windows)
• Fails to address health and safety hazards, such as mould or pest infestations

Some urgent issues may also be considered emergencies—see Emergency Situations and Repairs: Tenant Rights and Responsibilities for more information.

How to Address Maintenance Neglect: Steps for Tenants

To enforce your right to a safe and well-maintained home, follow these steps:

1. Notify Your Landlord in Writing: Provide written notice to your landlord outlining the repairs needed. Keep a copy for your records.
2. Give Reasonable Time: Allow your landlord a reasonable period to complete the repairs, unless it’s an urgent issue.
3. If No Action Is Taken: If repairs are not addressed, you may begin a formal complaint with the Residential Tenancies Office (RTO).

Filing a Maintenance Complaint with the Residential Tenancies Office

The Residential Tenancies Office (RTO) is the official body handling disputes and enforcement actions in Newfoundland and Labrador. If your landlord does not address the necessary repairs:

• Complete an Application for Dispute Resolution (Form 6: Application by Tenant)
• This form is used to request an official hearing about your maintenance issue. Submit clear evidence (such as photos, correspondence, estimates, or inspection reports).
• File the application in person, by mail, or electronically to the nearest RTO office. There is a fee, but it may be refundable if your application is successful.

Once your application is submitted, the RTO will notify your landlord and set a hearing date. Both parties may present their case. The adjudicator can order the landlord to make repairs, award rent reductions, or authorize you to carry out repairs and deduct costs from your rent.

What Happens if a Landlord Still Refuses?

If the landlord disobeys an order issued by the RTO, they can face additional penalties, including fines or further rent reductions. The Act is enforced through legal mechanisms, giving tenants real power to seek compliance.

For more detail on health risks and your rights, review Health and Safety Issues Every Tenant Should Know When Renting.

Summary

If your landlord neglects repairs, you have a right to seek enforcement through the Residential Tenancies Office. Always document your requests and be prepared to show evidence. For the most up-to-date rental listings and more housing options, Explore Houseme for nationwide rental listings.

To learn more about local rights and obligations, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Frequently Asked Questions About Enforcement Actions

1. What should I do if my landlord ignores a written request for repairs?
   You can file a formal complaint using Form 6: Application by Tenant with the Residential Tenancies Office. Document all communication and include evidence.
2. Are there health or safety issues that require immediate landlord action?
   Yes, issues affecting heat, water, or safety must be addressed promptly. In emergencies, you may contact authorities or arrange emergency repairs and seek reimbursement.
3. Can I withhold rent if maintenance is neglected?
   No, you must not withhold rent unless you have a written order from the RTO. Otherwise, you could risk eviction for non-payment.
4. How long does the landlord have to make repairs?
   The law requires repairs to be done in a reasonable time, depending on the urgency and nature of the problem.
5. What government office handles maintenance complaints in Newfoundland and Labrador?
   The Residential Tenancies Office (RTO) resolves most landlord-tenant disputes, including maintenance issues.

Key Takeaways

• Landlords must maintain rental units to meet health and safety standards under the Residential Tenancies Act.
• Tenants can enforce their rights by applying to the Residential Tenancies Office if landlords fail to act.
• Proper documentation and following official procedures are essential for successful enforcement.

Need Help? Resources for Tenants

• Residential Tenancies Office (NL): Information, forms, and dispute resolution
• Consumer Affairs – Tenant Resources: Practical tips for tenants
• Legal Aid NL: Free or low-cost legal support for eligible tenants (Legal Aid NL)
• For tenant advocacy and advice, local community legal clinics may also help

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1. See: Residential Tenancies Act, SNL 2018, c. R-14.1

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