Tenant Rights in Eviction Hearings at the LTB in Newfoundland & Labrador
If you’re a tenant in Newfoundland and Labrador and facing an eviction hearing, it’s important to know your rights and how to respond. The process is overseen by the Residential Tenancies Board (RTB), and tenancy laws protect you as much as your landlord. Whether you’ve received a notice for non-payment of rent or other reasons, understanding the eviction hearing can help you present your side and seek a fair resolution.
About Eviction Hearings and the Residential Tenancies Board
Eviction hearings in Newfoundland and Labrador are managed by the Residential Tenancies Board (RTB). The RTB is the official tribunal responsible for resolving disputes between tenants and landlords in the province. Hearings are commonly scheduled when tenants dispute a Notice of Termination or when either party applies for dispute resolution.
Your Rights at an Eviction Hearing
Tenants in Newfoundland and Labrador have important rights throughout the eviction hearing process:
- The right to receive proper notice: Landlords must use the correct form and follow precise timelines, as prescribed by the Residential Tenancies Act, 20181.
- The right to respond and attend: You can participate in the hearing and present your evidence or arguments.
- The right to make a written or oral submission: Tenants can submit documents or statements to support their case—such as proof of rent payment or repair requests.
- The right to bring witnesses: For example, if your landlord claims damage that wasn’t your responsibility, you may ask someone who can confirm your story to attend.
- The right to an interpreter or accessibility support: Let the RTB know in advance if you require special assistance.
Being prepared and knowing your rights can make a real difference in the outcome of your hearing.
Notice of Termination: What It Means for Tenants
The first step in the eviction process is almost always a formal Notice of Termination from your landlord. This is often for non-payment of rent, repeated late payments, or other reasons allowed under the Act. The landlord must provide the correct form and meet all legal requirements. If you receive a Notice, don’t ignore it.
If the reason for eviction relates to missed rent, understanding your responsibilities may help you settle the matter sooner. See Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for more on this.
Important RTB Forms and How to Use Them
- Application for Dispute Resolution (Form 6): This is used by tenants who wish to challenge a Notice of Termination or raise other tenancy issues. Submit the form to the RTB immediately if you disagree with the landlord’s notice.
Example: If you receive a notice for non-payment but you already paid, File Form 6 and attach proof of payment. Find Form 6 on the government website here. - Notice of Hearing: After an application is accepted, both parties receive a Notice of Hearing. It explains when and how your hearing will occur (in person, by phone, or video).
- Request for Adjournment: If you can’t attend the scheduled hearing, you must request an adjournment as soon as possible. See the RTB forms page for current versions.
Be sure to keep records of your application, evidence, and any correspondence. Submit forms on time to protect your rights.
Preparing for an Eviction Hearing: What Tenants Should Do
A successful hearing starts with preparation. Here’s how tenants can get ready:
- Carefully read the Notice of Termination. Verify that it follows the law and addresses the correct facts.
- Gather all relevant documents—such as your lease, rental payment receipts, photos of the property, or communication with the landlord.
- Prepare a clear explanation of your side of the story.
- Consider bringing witnesses if they can provide useful testimony.
- Attend the hearing on time, with all your paperwork organized and ready.
For a detailed overview of tenants’ rights and responsibilities before, during, and after a rental dispute, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.
After the Hearing: What Happens Next?
After both sides are heard, the RTB will issue an official decision—called an "Order." If the decision is not in your favour, it will specify how long you have to vacate the property, usually with at least a brief window for appeal or compliance. If the decision supports you, the order may cancel the eviction and require the landlord to take further steps.
If you are moving out following a hearing or settlement, review Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit for help with the process.
Relevant Laws and Where to Learn More
The main legislation covering tenant and landlord rights, including eviction hearings, is the Residential Tenancies Act, 2018. This law outlines required notices, timelines, acceptable reasons for eviction, and the RTB's authority.
- For comprehensive details, always consult the actual legislation and official RTB resources.
- You can read the full Act here.
To compare tenancy rules across other provinces, including eviction processes, check resources like Canada's best rental listings platform for local law summaries and rental guides.
Frequently Asked Questions: Tenant Eviction Hearings in NL
- Can a landlord evict me without a hearing in Newfoundland and Labrador?
No, except for rare cases like abandonment. Landlords must follow the notice and hearing process set by the RTB. - What should I do if I receive an eviction notice that I believe is wrong?
You can file a Form 6 — Application for Dispute Resolution to challenge the notice. Act quickly and include your evidence. - Will I have to move out right after an eviction hearing?
No. If the RTB issues an eviction order, you will have a set period—often several days or weeks—to leave. Immediate eviction is rare. - Can I bring someone to help me during the hearing?
Yes, you may bring a support person or witness, and you can request an interpreter or disability accommodation if needed. - How do I prepare for an eviction hearing?
Organize documents, list your evidence, and consider witnesses. Submit all paperwork on time and attend the hearing as scheduled.
Need Help? Resources for Tenants
- Residential Tenancies Board (RTB) Newfoundland and Labrador — Official forms, process information, and tenant support.
- Contact the Public Legal Information Association of NL (PLIAN) for free legal information.
- Canada Mortgage and Housing Corporation Rental Resources offers federal guidance.
- If you need more on rental rights, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.
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