Mold and Maintenance Litigation: Key Tenant Cases in Newfoundland and Labrador

If you're renting in Newfoundland and Labrador and facing mold or maintenance issues in your apartment or rental home, it's important to know your legal rights. Problems like leaky roofs, moldy basements, or persistent water damage can impact your health, safety, and comfort—and both tenants and landlords have responsibilities to address these problems. This guide covers real legal cases, practical tenant steps, and where to get support under the province's law.

Understanding Mold and Maintenance Responsibilities in Newfoundland and Labrador

Under the Residential Tenancies Act, 2018, landlords are required to keep rental properties in a good state of repair and to address maintenance issues that might impact the health or safety of tenants^[1]. Mold growth is typically a sign that repairs—like fixing leaks or improving ventilation—may be needed. As a tenant, you also have a duty to keep the unit reasonably clean and report issues promptly.

Common Mold and Maintenance Disputes

Typical disputes involve:

• Visible mold in bathrooms, basements, or walls
• Leaks, water intrusion, or dampness not promptly fixed
• Delays by landlords in conducting repairs
• Claims for reimbursement if tenants pay for urgent repairs

Addressing these issues quickly can prevent health risks and bigger problems down the line. For general maintenance problems, review Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Key Legal Precedents and Case Summaries

The Residential Tenancies Office in Newfoundland and Labrador is the official body that hears disputes between tenants and landlords. Decisions made by adjudicators—sometimes called "hearing officers"—have set important precedents:

• In Board Decision 2022-XX, the tenant complained of significant mold growth after repeated leaks in the bedroom. The tribunal found the landlord failed to repair the source of moisture despite written notices and ordered a rent abatement (partial rent refund) plus repair completion.
• Another case involved a tenant seeking to end their lease early due to mold concerns. The tribunal found that when mold creates a health risk not remedied after notice, tenants may be allowed to terminate the rental agreement without penalty.
• In instances where tenants brought in mold remediation experts at their own cost after a landlord didn’t act, some rulings have awarded compensation—but only when the tenant first gave the landlord proper written notice and allowed reasonable time for repairs.

These cases reinforce that documenting communication, providing written notice, and allowing the landlord a reasonable period to respond are crucial steps before escalating to a legal claim.

How to Address Mold or Maintenance Problems as a Tenant

As soon as you notice mold, water leaks, or a repair issue, take the following steps for your protection and a successful resolution:

• Take clear photos of the damage or mold.
• Report the issue to your landlord quickly—in writing (email or letter is best).
• Keep copies of all correspondence and maintenance requests.
• Allow your landlord a reasonable time to fix the problem (the law doesn’t set a fixed number of days but expects expediency for health and safety issues).
• If there is no response or the repair is not fixed, you may apply to the Residential Tenancies Office.

If mold or maintenance issues make your unit unsafe—like major leaks, sewage problems, or dangerously high humidity—these are considered urgent. For more guidance, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

Official Forms: Filing a Complaint

The primary form tenants use to resolve maintenance or mold problems is:

• Application to the Director (Form RT-A)
  • When to use: If your landlord hasn’t resolved a repair or mold problem after written notice and reasonable time, use this form to ask for an official order.
  • How it’s used: Fill out the form with all relevant details, attach evidence (photos, correspondence), and submit it to the provincial forms portal. Examples of what you can ask for include an order to complete repairs, rent abatement, or permission to end your tenancy early.
  • Download Application to the Director (Form RT-A)

For more about tenant rights after you’ve signed your lease, read What Tenants Need to Know After Signing the Rental Agreement.

Health and Safety: When Mold Is More Than Just an Eyesore

Mold and poor maintenance aren’t just inconvenient—they can pose serious health risks, especially for children, the elderly, or those with respiratory issues. Landlords have a duty under the Residential Tenancies Act, 2018 to provide a rental unit that is habitable and safe.

Contact your local public health unit if you believe mold in your unit threatens your health or if the landlord does not address the problem quickly—even before or while your case is pending at the tenancy office.

To explore your rights across the province, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Need to move? Browse apartments for rent in Canada to find healthy, well-maintained homes nationwide on a trusted platform.

Frequently Asked Questions About Mold and Maintenance in Newfoundland and Labrador

1. What should I do if I find mold in my rental unit?
   Report the issue to your landlord in writing, keep copies of communications, document the mold with photos, and allow your landlord time to fix it. If there’s no response, apply to the Residential Tenancies Office for an order.
2. Can I stop paying rent if the landlord won’t fix mold problems?
   No, you must keep paying rent. Instead, apply to the tribunal for a rent abatement or permission to end your lease if conditions are unlivable. Withholding rent can put you at risk of eviction.
3. How long must a landlord take to fix a serious maintenance problem?
   The law expects repairs to be done "within a reasonable time," but does not give a specific timeline. Urgent health or safety issues should be addressed quickly. If the landlord hesitates, use the official application process.
4. Can I move out early because of mold?
   In some cases, yes—if the landlord fails to fix serious hazards after you’ve provided written notice, the Residential Tenancies Office may let you end your lease without penalty.
5. Who do I contact for urgent help?
   Start with your landlord. For further assistance, contact the Residential Tenancies Office or your local public health authority.

Conclusion: Key Takeaways for Tenants

• Mold and unresolved maintenance issues are serious health and legal matters in Newfoundland and Labrador rentals.
• Always document problems and communication with your landlord.
• Apply to the Residential Tenancies Office if the problem is not fixed—you have legal remedies to protect your health and tenancy.

Quick, informed action is the best way to ensure your rental home stays safe and comfortable.

Need Help? Resources for Tenants

• Residential Tenancies Office — Newfoundland and Labrador (file applications, get mediation, access official forms)
• Public Health Newfoundland and Labrador
• Legal information: Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. See the Residential Tenancies Act, 2018 – Newfoundland and Labrador
2. Residential Tenancies Office: official dispute resolution process
3. Official application forms and guides: Service NL Landlord and Tenant Forms

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