Rent and Deposits Guide for Tenants in Newfoundland and Labrador

If you are renting a home or apartment in Newfoundland and Labrador, it is important to know your rights and responsibilities when it comes to rent and deposits. This guide explains what you can expect as a tenant, including how rent is set and increased, security deposit rules, and how to protect yourself during your tenancy.

Setting and Paying Rent in Newfoundland and Labrador

Your rent should be clearly agreed upon and included in your written tenancy agreement before you move in. This agreement must state the rent amount, due date, and acceptable methods of payment. In Newfoundland and Labrador, there is no legal limit on the amount of initial rent a landlord can charge, but once agreed, rent increases are strictly regulated.

• Rent is typically due on a monthly basis, but other cycles (weekly, bi-weekly) are also allowed if both parties agree.
• Receipts: Tenants have the right to receive a free receipt for every rental payment.
• Late payment: Consistent late payments can be grounds for termination of the tenancy, so always communicate promptly with your landlord if you have payment difficulties.

For a full explanation of your rent payment rights, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Rent Increases: Rules and Notice Periods

Landlords in Newfoundland and Labrador must follow specific rules when increasing rent:

• Legal notice: At least 8 weeks’ written notice is required before a rent increase takes effect.
• Frequency: Rent can only be increased once every 12 months (for month-to-month tenancies) or once per fixed-term lease.
• Rent control: There is currently no cap on the percentage or amount of a legal rent increase, but the notice requirements must always be met.

Always request the notice in writing and keep it for your records. If you think your landlord did not follow the proper process, you can dispute the increase through the Residential Tenancies Tribunal.

Security Deposits and Damage Deposits

In Newfoundland and Labrador, the security deposit (sometimes called a damage deposit) is regulated to protect both the landlord and tenant. Here’s what you should know:

• Maximum amount: The deposit cannot exceed three-quarters of one month’s rent for monthly tenancies, or three weeks’ rent for weekly tenancies.
• Where is it held? The landlord must deposit the money in a trust account.
• Interest: Landlords are required to pay tenants the interest accumulated on security deposits, based on the government-set rate.
• Return process: The deposit (plus interest) should be returned within 15 days after tenancy ends, unless the landlord claims deductions for unpaid rent or damages (excluding normal wear and tear).

For a complete overview, visit Understanding Rental Deposits: What Tenants Need to Know.

Forms: Security Deposit Claim

• Form Name: Security Deposit Claim Form (Form 12)
• When to Use: If you believe your landlord has not returned your deposit within the required 15 days, you can use this form to apply for its return from the Residential Tenancies Tribunal.
• Where to Find: Access the Security Deposit Claim Form (Form 12) on the official Government of Newfoundland and Labrador website

Example: If your tenancy ends, you provide your forwarding address, and your landlord does not return your deposit after 15 days, you can complete Form 12 and submit it to the Tribunal for resolution.

Ending or Renewing Your Lease

To lawfully end a rental agreement in Newfoundland and Labrador, written notice must be provided by either party according to the type of tenancy. Failure to follow correct notice procedures may put your deposit at risk, so always check notice periods and use appropriate forms.

For a summary of your rights before, during, and after a lease ends, see What Tenants Need to Know After Signing the Rental Agreement.

Protecting Your Rights: The Residential Tenancies Tribunal

The Residential Tenancies Tribunal of Newfoundland and Labrador is the official body that handles disputes about rent, deposits, and tenancy obligations. If you have an issue that cannot be resolved with your landlord, you can apply to the Tribunal for a hearing or decision.

Relevant Legislation

Your tenancy rights and responsibilities are defined under the Residential Tenancies Act, 2018 (Newfoundland and Labrador). Always review this legislation and keep updated on any changes.

Additional Resources

• For a full overview, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.
• Need to search for a new place? Explore Houseme for nationwide rental listings.

1. Can my landlord ask for more than one type of deposit?
   No, in Newfoundland and Labrador, landlords can only request one security deposit per tenancy (no separate damage or key deposits are allowed).
2. What if my landlord does not return my deposit?
   You have the right to file a claim using Form 12 with the Residential Tenancies Tribunal if your deposit and interest are not returned within 15 days of your tenancy ending.
3. How much notice must my landlord give for a rent increase?
   Your landlord must give at least 8 weeks’ written notice before raising your rent, and increases are only permitted once every 12 months.
4. Do I have to pay the deposit in cash?
   No, you can pay by any reasonable method (e.g., e-transfer, cheque) as agreed with your landlord, but always get a receipt.
5. Where can I get help if I have a problem with my landlord?
   Contact the Residential Tenancies Tribunal for free dispute resolution and advice. Tenant support organizations may also be able to help.

1. How do I file a security deposit claim in Newfoundland and Labrador?
   Obtain Form 12 (Security Deposit Claim Form) from the provincial website, fill it out with your tenancy details and deposit information, submit it to the Residential Tenancies Tribunal (in person, by mail, or email), and provide any supporting documentation. The Tribunal will review your claim and contact you with next steps.
2. How can I dispute a rent increase I believe is not legal?
   Collect the notice you were given and submit a request for a hearing to the Residential Tenancies Tribunal, explaining why you believe the increase is unlawful (for example, notice was not given 8 weeks in advance).
3. How do I get my receipt for a security deposit?
   Immediately after paying the deposit, ask your landlord for a written receipt showing the amount, date, and what the payment is for. Landlords are required to provide this by law.

• Rent increases require eight weeks’ written notice and follow strict timing rules.
• Security deposits are tightly regulated; be sure never to pay more than legally allowed.
• Use official Tribunal forms and keep copies of all documents to protect your rights.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal, Government of Newfoundland and Labrador – Dispute resolution, forms, and official guidance.
• Newfoundland and Labrador Housing Corporation (NLHC) – Affordable housing and tenant support.
• Residential Tenancies Act, 2018 (official legislation)

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)
2. Residential Tenancies Tribunal, Government of Newfoundland and Labrador
3. Official tenancy forms for Newfoundland and Labrador

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