What counts as a breach of quiet enjoyment in Newfoundland and Labrador?

Continuous noise, repeated landlord intrusion without notice, or serious neglect of repairs can all be considered breaches of quiet enjoyment.

How can I collect evidence for a quiet enjoyment complaint?

Use a log to record incidents, save correspondence with your landlord, and take photos or videos when possible.

Can my landlord enter my apartment without notice?

Landlords generally require at least 24 hours written notice unless there's an emergency.

What remedies are available if my quiet enjoyment is violated?

You may be eligible for a rent reduction, an order to stop the disruption, or early lease termination depending on severity.

Where do I file a complaint about quiet enjoyment?

File a dispute with the Residential Tenancies Division in Newfoundland and Labrador using the official Form 12.

Quiet Enjoyment: Key Legal Cases for Newfoundland Tenants

Legal Precedents & Case Summaries Newfoundland and Labrador published: June 19, 2025

Are you a tenant in Newfoundland and Labrador wondering what legal protections you have if your rental experiences excessive noise, disruptions, or landlord interference? Understanding your right to quiet enjoyment is an important part of living peacefully in your home and is protected under provincial law. This article breaks down tenant rights, important legal precedents, and how you can take action if your peace is violated.

What is Quiet Enjoyment for Tenants?

"Quiet enjoyment" refers to your legal right as a tenant to live in your rental unit without unreasonable disturbance by your landlord, other tenants, or external sources. This right includes:

Freedom from major or ongoing noise or harassment
Free access and use of the rental unit without interference
Reasonable privacy and safety

In Newfoundland and Labrador, this right is protected under the Residential Tenancies Act (RTA)^[1].

Legal Standards and Tribunal Authority in Newfoundland and Labrador

The Residential Tenancies Division of Service NL is the official body that handles disputes regarding quiet enjoyment and other tenancy matters. Both tenants and landlords can apply to resolve disputes when quiet enjoyment is in question.

Key Legal Precedents on Quiet Enjoyment

Provincial rental case law in Newfoundland and Labrador, including decisions by the Residential Tenancies Division, set out what counts as a breach of quiet enjoyment. Some notable examples include:

Persistent Noise or Nuisance: Cases where other tenants or building work continually disrupts your peace may be deemed a breach, especially if the landlord does not take reasonable steps to resolve the issue.
Unlawful Landlord Entry: Landlords must provide proper notice (usually 24 hours) for non-emergency entry. Unauthorized or excessive entries can violate your right to quiet enjoyment.
Lack of Repairs or Unsafe Conditions: Rental units that become unlivable or unsafe due to neglected repairs, pest infestations, or unresolved health and safety issues may also count as violations. For related problems, see Health and Safety Issues Every Tenant Should Know When Renting.

Each case depends on the facts and must be raised with appropriate evidence such as dated logs, photographic proof, or copies of correspondence.

How to Assert Your Right to Quiet Enjoyment

If you believe your quiet enjoyment has been breached, here’s what you can do:

First, notify your landlord in writing about the issue and ask for a resolution
Keep a detailed record of incidents: dates, times, descriptions, and communications
If not resolved, file an application with the Residential Tenancies Division

Filing a Complaint: Forms and Practical Steps

To address violations, tenants should use the Application for Dispute Resolution (Form 12). This form allows you to submit your case for a hearing before an adjudicator:

Form Name: Application (Form 12)
When to Use It: When communications with your landlord have failed to resolve the problem and you are experiencing ongoing disruption or harassment
Where to Find: Download Form 12 – Application (PDF)
Practical Example: A tenant endures weeks of loud, disruptive construction in common areas—after repeated requests to the landlord for relief go unanswered, they submit this form to seek compensation or remediation

Relevant Legislation for Quiet Enjoyment

The Residential Tenancies Act, Newfoundland and Labrador provides that landlords must not interfere with tenants' reasonable enjoyment of their rental home. Section 10 details the obligations to ensure tenants have peace and privacy in their units.^[1]

When Quiet Enjoyment is Violated: What Outcomes are Possible?

After a complaint, the Residential Tenancies Division can:

Order the landlord to stop the disruptive activity
Grant rent abatement (temporary rent reductions) for periods of severe interference
Order repairs or improvements
Terminate a tenancy if breaches are extreme or ongoing

For more about your obligations and remedies during tenancy, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Related Tenant and Landlord Rights

If you want broader context on rights and responsibilities, refer to Tenant Rights and Landlord Rights in Newfoundland and Labrador for a province-specific overview.

To explore more about housing options and find your next peaceful home, Browse apartments for rent in Canada easily and securely.

Frequently Asked Questions about Quiet Enjoyment

What counts as a breach of quiet enjoyment in Newfoundland and Labrador?
Typical breaches may include continuous loud noise, repeated landlord intrusions without notice, or neglecting repairs causing significant inconvenience to the tenant.
How do I prove a breach of quiet enjoyment?
Gather records such as written complaints, photographs, noise logs, and communication history showing ongoing problems and your attempts to get them addressed.
Can my landlord enter my unit without notice if it’s not an emergency?
No. Except in emergencies, the landlord must give at least 24 hours written notice before entry for repairs, inspections, or showings.
What kind of compensation can I ask for if my quiet enjoyment has been violated?
The tribunal may grant rent reductions (abatements), order the cessation of disruptive activity, or in serious cases, allow you to terminate the lease without penalty.
Where can I file a formal complaint about quiet enjoyment violations?
You can use the Residential Tenancies Division complaint process by submitting Form 12.

Key Takeaways for Newfoundland and Labrador Tenants

Quiet enjoyment is your right under provincial law.
Keep detailed records and seek written solutions before filing a complaint.
The Residential Tenancies Division and official forms are your pathway to resolving disputes.

Understanding these protections helps you live with greater confidence and security throughout your rental experience.

Need Help? Resources for Tenants

Residential Tenancies Division (Service NL) – Information, applications, and contact details for tenancy issues.
Residential Tenancies Act, Newfoundland and Labrador
Tenant advocacy and legal aid services available through local community legal clinics.
For general rights, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.