Seniors’ Care Home Tenancy Rights in Newfoundland and Labrador

Senior tenants living in care homes across Newfoundland and Labrador have unique rights and protections. Understanding these is crucial to ensuring a safe, respectful, and comfortable living environment. This guide explains what seniors and their families need to know about entering, living in, and leaving care home tenancies under Newfoundland and Labrador law, with tips for addressing common issues and getting support.

Who Regulates Care Home Tenancies in Newfoundland and Labrador?

Care home tenancies in Newfoundland and Labrador are overseen by the province’s Residential Tenancies Office. The main legislation that covers residential tenancies, including care homes, is the Residential Tenancies Act, 2018^[1].

What Makes Care Home Tenancies Different?

Care home tenancies involve both accommodation and services such as meals, laundry, and personal care. This means the rights and obligations can be more detailed than standard rental agreements. Seniors are protected from unfair eviction, excessive rent increases, or sudden changes in service.

Entering a Care Home Tenancy: What You Should Know

When a senior moves into a care home, a written rental agreement should outline the rent, included services, policies, and notice periods. It’s important to read and understand this agreement before signing. For a full breakdown of what to look for after an agreement is signed, see What Tenants Need to Know After Signing the Rental Agreement.

Deposits and Upfront Fees

By law, care homes may ask for a security deposit. The maximum deposit is either three-quarters of one month’s rent or, for care homes, three-quarters of one month’s occupancy charge (including care fees, if paid together). The deposit must be held in trust and returned with interest if the tenancy is ended properly. Learn more in Understanding Rental Deposits: What Tenants Need to Know.

Maintenance, Health, and Safety Standards

Care homes must maintain safe and healthy living conditions, from the physical premises to provided services. Seniors can always request repairs or raise health and safety concerns.

• Clean living areas
• Functional plumbing and heating
• Safe food preparation
• Accessible emergency exits

If a care home fails to provide these, tenants can contact the Residential Tenancies Office to file a complaint. For a broader overview, check Health and Safety Issues Every Tenant Should Know When Renting.

Eviction and Ending a Care Home Tenancy

Eviction rules for care homes are more protective for seniors. Reasons for eviction must be valid and proper notice is required. Some protected reasons include:

• Non-payment of rent or occupancy fees
• Health or safety risks to other tenants
• The landlord needing the unit for themselves or family

Notice period: Typically, a landlord must provide 60 days’ written notice if terminating for most reasons. In urgent cases, the notice can be shorter.

Forms for Ending Tenancy

• Notice of Termination by Tenant (Form RT301): Used when a senior wishes to end their care home tenancy. Download from the official forms page. For example, if a tenant needs to move for medical reasons, they would complete this form and provide the required notice.
• Application for Dispute Resolution (Form RT402): If a tenant disagrees with a notice or faces issues not resolved by the landlord, they can apply for a hearing through the Residential Tenancies Office using this form. See the application form for instructions.

Key Rights of Seniors in Care Homes

• Security of tenure: Can only be evicted for reasons allowed by law and with proper notice
• Fair rent and occupancy charges: Increases must follow required timelines and procedures
• Right to privacy: Landlords/care home staff need to provide 24 hours written notice (except emergencies) before entering rooms
• Access to all agreed services (meals, cleaning, etc.)

For more on the legal landscape for all tenants, read Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Action Steps: If You Face a Problem in Your Care Home Tenancy

• Talk to your care home manager or landlord about the issue
• Document the problem and your communications
• If not resolved, file the correct form with the Residential Tenancies Office
• Attend your hearing date to present your case

FAQ: Seniors’ Care Home Tenancies in Newfoundland and Labrador

1. Do care home tenants have the same rights as other renters?
   Yes, but with added protection for services and longer notice periods for eviction in most situations.
2. Can rent or service fees be increased at any time?
   No. Rent and occupancy charge increases are regulated and require advance written notice from the care home.
3. Is a written lease necessary for care homes?
   Yes, a written agreement helps outline expectations and protects both seniors and care home providers.
4. Where do I go for help if I feel unfairly treated?
   You can start with the care home manager, but if issues remain unresolved, contact the Residential Tenancies Office for support or to apply for dispute resolution.
5. Are security deposits the same as in regular rentals?
   For care homes, deposits may include charges for services, but must never exceed three-quarters of the monthly occupancy or rent.

In Summary: What Seniors Should Remember

• Care home tenants in Newfoundland and Labrador are protected by special rules under the Residential Tenancies Act, 2018
• Written agreements and clear communication are key to avoiding disputes
• Provincial forms and the Residential Tenancies Office offer support if issues arise

For more rental solutions, Find rental homes across Canada on Houseme and compare care homes or independent apartments to best suit your needs.

Need Help? Resources for Tenants

• Residential Tenancies Office (Government of Newfoundland and Labrador): 1-877-829-2608
• Official Tenancy Forms for Newfoundland and Labrador
• Tenant Rights and Landlord Rights in Newfoundland and Labrador
• Email: landlordtenant@gov.nl.ca

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1. ^[1] Residential Tenancies Act, 2018 - Newfoundland and Labrador

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