What Tenants Should Do If Repairs Aren’t Made in Newfoundland and Labrador

If your landlord isn’t making necessary repairs to your rental unit in Newfoundland and Labrador, it’s important to know your rights and the steps you can take to resolve the issue. This guide outlines the legal process, your responsibilities, and the resources available to help you get essential repairs completed.

Your Rights and Landlord’s Duties in Newfoundland and Labrador

Under the Residential Tenancies Act, 2018, landlords must maintain rental units in a good state of repair and comply with all health, safety, and housing standards. This includes ensuring heating, plumbing, appliances, and structural integrity. Tenants also have a responsibility to keep the property reasonably clean and report problems as soon as possible.

For a detailed look at these responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Types of Repairs: Routine vs. Emergency

Repairs are usually divided into two categories:

• Emergency repairs: Issues that pose an immediate risk to health or safety, such as no heat in winter, major leaks, or electrical problems.
• Routine repairs: Non-urgent issues like broken appliances, minor leaks, or cosmetic damage.

Identifying the type of repair helps determine how quickly action should be taken and your legal options. Health or safety issues often receive faster attention. For more information, check Emergency Situations and Repairs: Tenant Rights and Responsibilities.

What to Do If Repairs Aren’t Completed

If your landlord isn’t carrying out necessary repairs, follow these steps to address the situation:

1. Notify Your Landlord in Writing

• Contact your landlord in writing (by email, text, or letter).
• Clearly describe the problem, location, and date of discovery.
• Keep a copy of all correspondence for your records.

2. Give the Landlord Reasonable Time

• Landlords usually have a reasonable period to address non-emergency issues (often 7-10 days, but urgent repairs should be fixed promptly).
• If the issue relates to health and safety, a shorter response time is expected.

3. Document the Problem

• Take photos or videos of the needed repair.
• Keep notes of how the problem affects your ability to live in the unit.

4. Apply to the Residential Tenancies Section

If your landlord still hasn’t acted, you may file a formal complaint with the Residential Tenancies Section (RTS) of Service NL, which handles rental disputes and enforcement in the province.

Key Forms for Tenants

• Application for Dispute Resolution (Form 12):
  Official Form 12 – Application for Dispute Resolution
  When to use it: Submit if the landlord hasn’t completed necessary repairs after written notice. Include evidence such as photos, correspondence, and witnesses.
  Example: A tenant experiences a persistent leak in their ceiling, not addressed for several weeks after notice. They complete Form 12 to request an order from the RTS requiring the landlord to repair the leak.

Taking Care of Your Rental: Documentation and Inspections

Keeping records protects you if disputes arise. Before moving in or out, it’s best to complete a walk-through inspection and document the unit’s condition. You can learn how in the Guide to the Initial Rental Property Inspection for Tenants.

Other Options and Considerations

• Withholding rent is not allowed unless you have authorization from the Residential Tenancies Section.
• Unauthorized repairs may not be reimbursed – always get written approval first.
• Consider seeking help from a local tenant association or legal aid if you need additional support.

If you’re searching for a rental where landlords respond promptly to repair needs, you can Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can I make repairs myself and deduct from rent?
   Generally, no. The Residential Tenancies Act, 2018 does not automatically allow tenants to deduct repair costs from rent without the landlord’s or tribunal’s approval.
2. What if the repair is an emergency?
   For urgent health or safety risks, contact the landlord immediately and report the issue as an emergency on Form 12 if applying to the tribunal. Document everything.
3. How long does my landlord have to do repairs?
   It depends on the severity. Emergency repairs should be made right away; routine repairs generally within a reasonable time (often up to 10 days).
4. Can I stop paying rent if repairs aren’t done?
   No, continuing to pay rent is mandatory. Only a tribunal order changes your payment obligations.
5. Where can I file a complaint if my landlord refuses to act?
   File with the Residential Tenancies Section of Service NL using the official forms.

Key Takeaways

• Always notify your landlord in writing and keep detailed records.
• Use the official dispute resolution process if repairs aren’t completed.
• Know your rights—refer to the Residential Tenancies Act, 2018 and seek help from tenant resources if needed.

Need Help? Resources for Tenants

• Residential Tenancies Section, Service NL: Tribunal for landlord-tenant disputes, forms, and guides
• Tenant advocacy and legal aid: Public Legal Information Association of NL
• Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. Residential Tenancies Act, 2018, Newfoundland and Labrador. Read the Residential Tenancies Act, 2018
2. Residential Tenancies Section, Service NL. Official Newfoundland and Labrador tribunal and forms

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