If you’re a tenant in Newfoundland and Labrador and your landlord isn’t following an order from the province’s Residential Tenancies Division, you might feel powerless or unsure of your next steps. While the Residential Tenancies Division hears rental disputes and issues legally binding decisions, sometimes landlords fail to comply with an order — whether that’s returning a deposit, making repairs, or letting you stay in your home.
Who Enforces Tenancy Orders in Newfoundland and Labrador?
The Residential Tenancies Division of Service NL is the authority that resolves disputes between tenants and landlords. It can issue a written order outlining exactly what each party must do under the Residential Tenancies Act (NL).[1] But, if your landlord doesn’t obey such an order, there is no automatic enforcement—tenants must take further steps.
Common Scenarios When Orders Aren’t Followed
Some typical situations where a landlord might not comply include:
- Not paying back a security deposit ordered returned
- Ignoring an order to complete repairs or address health/safety issues
- Failing to compensate for damages or unlawful fees
If you’re facing any of these problems, you are not alone. Many tenants have successfully navigated the process — and there are clear options available.
Your Next Steps: Enforcing an LTB Order Through the Courts
If a landlord ignores a Residential Tenancies Division order, you can ask the Small Claims Division of the Supreme Court of Newfoundland and Labrador to enforce it. The process is similar to "filing a judgment" and can help you claim money or compel the landlord to act.
Step 1: Obtain a Certified Copy of the Order
Get a certified (official) copy of your Residential Tenancies Division order. This is necessary for court enforcement.
Step 2: Apply at Small Claims Court
You will need to bring your certified order to the Small Claims Court. The court can then "recognize" the order and allow you to enforce it like any other court judgment. For example, if the order is for $1,000 to be returned, the court can start collection procedures if the landlord refuses to pay.
- Small Claims forms and guides can be found on the Supreme Court of Newfoundland and Labrador - Small Claims Division website.
- Practical tip: Call ahead to your local courthouse to confirm the process and documents required for your area.
Step 3: Collecting the Judgment
If the court recognizes your order but the landlord still doesn’t comply, you can use the court’s enforcement mechanisms. This may include garnishing wages or seizing property. If you’re unsure, ask the court clerk for help or seek free legal advice.
Important Forms and Where to Find Them
- Residential Tenancies Division - Application for Enforcement of Order: No specific standard form; contact your nearest Residential Tenancies office to request a certified copy of your order. Find local office contacts here.
- Supreme Court (Small Claims Division) - Statement of Claim (Form 1): Used if you are seeking damages or collection in Small Claims Court. Download from the official court forms page.
- You may need an Affidavit of Service to confirm notice to your landlord. Official forms are provided by the courts.
Generally, tenants do not pay court fees to enforce an existing Residential Tenancies order, but always confirm for your case.
Your Rights Under Newfoundland and Labrador Law
The Residential Tenancies Act (NL) outlines tenant and landlord responsibilities, the dispute process, and your legal protections.
For a broader understanding, see Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Tips for Resolving Disputes
- Keep detailed records of correspondence and payments
- Save copies of all decisions, orders, and relevant communication
- Use written communication when following up with landlords
- If you feel unsafe or threatened, contact local authorities
Understanding the enforcement process can help tenants protect their rights and resolve issues quickly. For general rental tips, see Common Issues Tenants Face and How to Resolve Them.
You may also want to Browse apartments for rent in Canada if you are considering a move after ongoing disputes.
FAQ: Tenants’ Rights When Orders Aren’t Enforced
- What if my landlord ignores a Residential Tenancies order?
If your landlord does not comply, request a certified copy of the order and apply to the Small Claims Court to enforce it. - Is there a fee to enforce a Residential Tenancies order in Small Claims Court?
There are often no extra fees when enforcing an existing order, but it’s wise to check with your local court office to confirm. - Can the Residential Tenancies Division force a landlord to repay me?
No, the Division issues the order. You must go to court for enforcement if the landlord refuses to comply. - How long does it take for the court to enforce an LTB order?
The process can vary, but getting signed orders and filing with court can take a few weeks. Enforcement by the court could take longer if the landlord resists. - Where can I get help with filling out court forms?
Court staff can assist with procedures. You can also access free legal assistance services listed below.
Key Takeaways for Tenants
- If a landlord won’t follow a Division order, enforcement happens in court, not automatically by the LTB or Division.
- Collect all paperwork and seek a certified order before filing at Small Claims Court.
- There are free resources and services to help you every step of the way.
Need Help? Resources for Tenants
- Residential Tenancies Division, Service NL: Provincial dispute resolution, forms, guidance
- Small Claims Division of NL Supreme Court: Enforce orders, procedures, forms
- Public Legal Information Association of NL (PLIAN): Free legal information
- Local Legal Aid NL: legalaid.nl.ca
