Understanding damage obligations in Newfoundland and Labrador
After eviction, landlords can seek compensation for damage beyond normal wear and tear. Tenants are responsible for costs that result from intentional or negligent damage or careless behaviour, not routine aging. Landlords must provide an itemized statement and receipts for deductions from your security deposit when claiming damages. If you disagree, you can file an application with the Residential Tenancies Board[1] under the province's Residential Tenancies Act[2].
Damage vs normal wear and tear
- Repairs needed: holes, broken fixtures, or appliances that must be fixed or replaced.
- Excessive soiling or pet-related damage that is beyond expected wear.
- Minor wear: small scuffs, faded paint, and carpet matting that usually aren’t charged.
How landlords must document claims
Landlords should provide an itemized list of damages, copies of repair invoices or receipts, and evidence such as before-and-after photos. If a landlord deducts from your security deposit, they must explain the deduction in writing. If the landlord brings a claim to the Residential Tenancies Board, they will use official forms such as the RTB Application Form (Form 1) to start the process[3]. Keep copies of all communications.
What tenants should do after eviction
- Gather evidence: photos, dated messages, and receipts showing the unit’s condition at move-out.
- Request an itemized invoice from the landlord for any repairs or deductions.
- Keep receipts for any repairs you paid for, and note dates and descriptions of work done.
- File a dispute with the Residential Tenancies Board within the required timelines if you disagree with charges[1].
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FAQ
- Can a landlord keep my entire security deposit for damages?
- No. A landlord may only deduct for documented costs beyond normal wear and tear; they must provide an itemized list and receipts. If you disagree, you can apply to the Residential Tenancies Board[1].
- How long do I have to file a claim to dispute deductions?
- Deadlines vary; file as soon as possible and check timelines on the Board’s guidance. Missing a deadline can limit your options.
- What if the landlord sues in court instead of the Board?
- You should seek guidance from the Board’s materials and consider legal advice; small claims court and the Board have different procedures.
How-To
- Collect and organize evidence: photos, videos, receipts, and communication records.
- Ask the landlord in writing for an itemized statement and copies of invoices.
- Complete the RTB Application Form (Form 1) and attach your evidence, then submit to the Residential Tenancies Board[3].
- Prepare for the hearing: organize documents, list key dates, and be ready to explain your evidence.
Key Takeaways
- Tenants are responsible for damage beyond normal wear and tear.
- Get an itemized invoice and copies of receipts for any deductions.
- File disputes quickly and follow Board deadlines to protect your rights.
Help and Support / Resources
- Residential Tenancies Board - Government of Newfoundland and Labrador
- Residential Tenancies Act - Newfoundland and Labrador
- RTB forms and guidance
