Step-by-Step Guide for Tenants Facing Eviction in Newfoundland and Labrador
Eviction can be a stressful experience for tenants in Newfoundland and Labrador, but knowing your rights and understanding the process can make things more manageable. Whether you have received a notice from your landlord or want to learn how to respond to eviction threats, this guide explains each step, the forms you'll need, and where to get help. The information here is current, official, and designed for tenants just like you.
Understanding Eviction in Newfoundland and Labrador
In Newfoundland and Labrador, the rules around eviction are set out in the Residential Tenancies Act.[1] Landlords can end a tenancy only for specific reasons outlined in the law — such as non-payment of rent, substantial damage, or for landlord’s own use. Tenants have the right to written notice and an opportunity to challenge or respond to eviction proceedings. All disputes are handled by the province’s Residential Tenancies Office (RTO).
Common Reasons for Eviction
- Not paying your rent on time
- Causing significant damage to the rental unit
- Disturbing other tenants or neighbours
- Landlord needs the unit for personal use or for a close family member
If you believe the reason given is unfair or incorrect, you can challenge the eviction through the RTO's dispute process.
Step-by-Step: What to Do If You Receive an Eviction Notice
- Read the Notice Carefully: Landlords must use the correct eviction notice form. Common forms include:
- Notice of Termination Form (Form RTB-01): Used for most eviction situations.
Find the form on the official RTO forms page. It's used when a landlord wishes to end your tenancy for reasons such as non-payment of rent or cause. - Rental Arrears Application (Form RTB-13): Used if you wish to dispute the amount claimed as outstanding rent.
Available at the RTO forms portal.
Always keep copies of all notices and your responses. - Notice of Termination Form (Form RTB-01): Used for most eviction situations.
- Check the Notice Period: The law requires landlords to provide a minimum notice, depending on the reason. Example: For non-payment of rent, you usually get 10 days’ notice.
- Respond Promptly: If you disagree with the eviction or need more time, contact your landlord right away. You can try to pay arrears, arrange a payment plan, or discuss alternate solutions.
- Apply to the Residential Tenancies Office: If you want to formally dispute the eviction, submit the Application for Dispute Resolution (Form RTB-12). This form lets you ask the RTO to review your case.
Access the form at: RTO application forms. - Gather Your Evidence: Prepare documents such as rent receipts, email correspondence, your lease, and any photos relevant to your case.
- Attend the Hearing: The RTO will schedule a hearing. Bring all your evidence, and be ready to explain your situation. You can participate in person or by phone.
Each step in this process is designed to give tenants a fair opportunity to present their side and challenge any improper eviction.
Key Tenant Rights and Important Forms
- Notice of Termination: Landlords cannot use any form; they must use the official notice. If your notice doesn't look official, contact the RTO to verify.
- Right to Dispute: You may contest any eviction notice by submitting the appropriate application within the required time.
- Application for Dispute Resolution (Form RTB-12): Use if you want the RTO to review the eviction or resolve other serious issues with your tenancy.
- Contact Information: All official forms and detailed guides are on the provincial government website.
You can Tenant Rights and Landlord Rights in Newfoundland and Labrador for a comprehensive overview of your local rights.
Protecting Yourself During an Eviction Process
While facing eviction, keep the following in mind:
- Document everything: Save all communications, photos, and rent receipts
- Never stop paying rent unless instructed by the RTO
- If you move out, follow the proper process for How to Properly End Your Rental Agreement as a Tenant
Landlords and tenants both have obligations under provincial law. For a clear explanation of these, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
It's always best to respond quickly and seek advice if you’re unsure. Acting within deadlines gives you the best chance to keep your home or resolve any problems on good terms.
For those seeking a new home, you can browse apartments for rent in Canada using digital tools to compare up-to-date listings and find secure new rentals.
FAQ: Eviction and Tenant Protections in Newfoundland and Labrador
- What notice period is my landlord required to give me?
It depends on the reason for eviction. For non-payment of rent, usually 10 days’ written notice is required; for other reasons, the period may be longer. Check your form or contact the RTO for specifics. - Can I be evicted without a written notice?
No. Landlords must provide official written notice using the provincially approved form. If you did not get a written notice, the eviction is invalid. - How can I dispute an eviction?
You must submit an Application for Dispute Resolution (Form RTB-12) to the Residential Tenancies Office before the deadline stated in your notice. - Should I keep paying rent after receiving an eviction notice?
Yes. Keep paying rent up to and including the day you move out or until the dispute is resolved at the RTO. - What are my options if I lose at the Residential Tenancies Office?
If you disagree with the RTO’s decision, you may request a review or consider legal advice for further action.
How To: Taking Action During an Eviction
- How do I submit an Application for Dispute Resolution?
Download the form from the RTO website, complete all sections, attach evidence, and deliver it in person, by mail, or electronically as indicated on the form. - How can I prepare for a Residential Tenancies hearing?
Gather all evidence (such as receipts, emails, photos) and prepare a summary of your situation. Attend the hearing as instructed and bring all documents. - What if I missed the notice period or deadline?
Contact the RTO immediately to explain your situation. Missing deadlines can limit your ability to dispute an eviction, but you may have options if you act quickly.
Key Takeaways
- Tenants in Newfoundland and Labrador have strong protections and clear steps to challenge or respond to eviction.
- Use only official forms from the Residential Tenancies Office and always respond within set deadlines.
- If in doubt, seek advice or support right away to understand your rights and responsibilities.
Need Help? Resources for Tenants
- Residential Tenancies Office (RTO) – Newfoundland and Labrador: Main hub for forms, contacts, and official information
- Phone: 1-877-829-2608 (toll free) | Email: landlordtenant@gov.nl.ca
- Legal Aid NL: Free tenant legal support (for eligible tenants)
- Tenant Rights Overview: Tenant Rights and Landlord Rights in Newfoundland and Labrador
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