Mitigation of damages is a legal concept that affects tenants and landlords when a rental agreement ends early or a breach occurs. In Newfoundland and Labrador, it means a landlord must take reasonable steps to re-rent a unit and reduce the financial loss rather than automatically charging the former tenant for the full remaining rent. Tenants should document communications, keep records of payments and attempts to resolve the situation, and notify the landlord in writing if they plan to leave early. Knowing how mitigation works helps renters limit liability and prepares them to use provincial dispute processes, forms, or hearings if necessary. This guide explains practical steps tenants can take and what forms or tribunal filings may be involved.
What is mitigation of damages?
Mitigation of damages requires the party suffering a loss to take reasonable steps to reduce that loss. For residential tenancies this typically means a landlord must advertise and show the unit and make reasonable efforts to secure a new tenant instead of passing the full cost of remaining rent to the departing tenant.
How mitigation works in Newfoundland and Labrador
Under provincial tenancy rules a landlord who claims unpaid rent or loss must show they tried to re-rent the unit. If you face a claim, the provincial Residential Tenancies Tribunal handles disputes and hearings for tenancy matters in Newfoundland and Labrador[1], and the governing legislation sets the standards for duties and remedies[2]. Tenants and landlords can use official forms to start tribunal proceedings or respond to applications.[3]
What landlords must do to mitigate
- Advertise the unit promptly and reasonably to find replacement tenants.
- Show the unit to prospective renters at reasonable times and accept suitable applications.
- Keep clear records of showings, applications, and any income from re-renting the unit.
- Claim only the actual financial loss after accounting for rent received from any new tenant.
What tenants should do to limit liability
If you must leave before the lease ends, act proactively: give prompt written notice, offer access for viewings, and keep evidence of your efforts to help re-let the unit. For practical steps on leaving early, review What to Do If You Need to Leave Your Rental Before the Lease Expires and consider formal notice guidance in How to Properly End Your Rental Agreement as a Tenant. You can also check comparable rents to show a landlord tried reasonably to re-rent the unit by using a rental search tool like Find rental homes across Canada on Houseme.
Filing a claim or responding at the tribunal
If you cannot resolve the issue directly, you may need to file or respond to an application at the Residential Tenancies Tribunal. Collect the following before filing:
- Copies of the lease, payment receipts, and any written notices or emails.
- Records showing your attempts to help re-let the unit or the landlords efforts to mitigate.
- Calculations of claimed rent owing, minus any amounts received from re-renting.
How-To
- Prepare your evidence: gather the lease, receipts, emails, photos, and records of viewings.
- File or respond to an application with the Residential Tenancies Tribunal using the official form and include copies of your evidence.
- Attend the hearing on the scheduled date and present your documents and testimony to the adjudicator.
- If the tribunal issues an order, follow the directions to collect or pay amounts; ask about enforcement options if needed.
FAQ
- What does mitigation of damages mean for tenants in Newfoundland and Labrador?
- It means landlords must take reasonable steps to re-rent a unit and reduce losses rather than automatically charging the former tenant for full remaining rent.
- Can a landlord charge me for all the remaining rent if I leave early?
- No. If the landlord reasonably re-rents the unit, the tenant should only be liable for the actual shortfall; the landlord must show efforts to mitigate damages.
- Where do I go to file a dispute about mitigation or unpaid rent?
- You can file or respond to an application with the Residential Tenancies Tribunal in Newfoundland and Labrador; use the official tribunal forms and follow filing instructions.
Key Takeaways
- Landlords must make reasonable efforts to re-rent and reduce losses before charging former tenants.
- Tenants should keep clear written records and copies of all communications and payments.
- When needed, file or respond to tribunal applications using official forms and bring organized evidence.
Help and Support / Resources
- Residential Tenancies Tribunal (Government of Newfoundland and Labrador)
- Residential Tenancies Act (Newfoundland and Labrador) - official legislation and guidance
- Official tribunal forms and filing information (Newfoundland and Labrador)
