What to Do If Your Landlord Refuses Rent Payment in Newfoundland and Labrador

If you're a tenant in Newfoundland and Labrador and your landlord refuses to accept your rent payment, it can cause confusion and stress. It's important to know this situation is addressed by provincial law, and there are clear steps you can follow to protect yourself and your tenancy status.

Why Might a Landlord Refuse Your Rent?

Landlords may sometimes refuse rent payments for reasons such as:

• Attempting to terminate the tenancy for non-payment of rent
• Belief that you have breached another part of your lease
• Pending eviction procedures
• Error, misunderstanding, or a communication issue

Regardless of the reason, Newfoundland and Labrador's laws provide tenants with procedural rights in these situations.

Your Rights as a Tenant

Under the Residential Tenancies Act (Newfoundland and Labrador), tenants must be allowed to pay rent unless an official termination order applies.^[1] Landlords cannot unilaterally refuse payment simply to expedite eviction. If you attempt to pay rent on time and in the manner agreed, you are generally fulfilling your obligation as a tenant.

For further context on landlord and tenant rights in the province, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.

Immediate Steps to Take If Rent Is Refused

If your landlord refuses your payment, take these actions to protect yourself:

• Document Your Offer: Record the date, method, and amount of your attempted payment. If you have written proof (email, text, receipt from e-transfer), keep all records.
• Try Again via Another Method: If you usually pay by cheque, see if you can send an e-transfer or vice versa. Offer to pay in a traceable form and request written acknowledgment.
• Notify the Landlord in Writing: Clearly state in writing (email or letter) that you tried to pay, referencing the agreement and the refusal.

Applying to the Residential Tenancies Office

The Residential Tenancies Office of Service NL handles disputes between landlords and tenants. You should apply to this office if your landlord's refusal impacts your tenancy or leads to a threat of eviction.

Relevant Official Forms

• Tenant Application Form (Form 12) - Download Form 12 here:
  Use this form to request a hearing if your landlord unreasonably refuses your rent payment. For example, you can apply to prevent an unfair eviction or get an official order recognizing your rent payment attempt.
• Notice of Hearing (Form 15) - Issued by the Residential Tenancies Office after your application is processed. This will tell you when and how your hearing will occur.

How to Use the Forms:

• Fill out Form 12 with all rental and payment details, attach proof of your rent payment offers, and submit to your nearest Service NL Residential Tenancies Office.
• Attend your hearing—bring all documentation showing your attempt to pay rent.

Understanding Your Payment Responsibilities

As a tenant, you are responsible for making sure your rent is offered on time each month, even if the landlord refuses to accept it. If you continue to offer payment and document your efforts, the tribunal will usually consider you "not in arrears." For more on rent payment best practices, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

What NOT to Do

• Never stop offering to pay rent. Withholding rent can weaken your position.
• Do not pay in untraceable forms like cash unless you receive a receipt.
• Do not ignore letters or notices—respond in writing and seek assistance promptly.

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FAQ: Refused Rent Payments in Newfoundland and Labrador

1. Can my landlord refuse rent as a way to evict me?
   Landlords cannot simply refuse rent to force you out. They must follow legal eviction processes, and tenants can defend themselves by documenting payment attempts and applying to the Residential Tenancies Office.
2. What proof should I keep if my rent payment is refused?
   Save emails, texts, e-transfer records, or any written response showing your rent offer and the landlord's refusal. This will help prove your case if there is a dispute.
3. Should I continue offering rent if the landlord keeps refusing it?
   Yes. Consistently offer rent on time, in writing if possible, and keep track of every attempt. This demonstrates your commitment and protects your rights.
4. Will I lose my home if the landlord refuses my payment?
   If you have proof that you tried to pay and follow up with the Residential Tenancies Office, an eviction is less likely to be successful.
5. Where can I learn more about my rights?
   Check the Tenant Rights and Landlord Rights in Newfoundland and Labrador page for a comprehensive overview.

Conclusion: What to Remember

• Document all attempts to pay rent and communicate in writing
• Use official forms to resolve disputes through the Residential Tenancies Office
• Understanding and asserting your rights helps you maintain your tenancy and peace of mind

If in doubt, reach out for support before the situation escalates.

Need Help? Resources for Tenants

• Newfoundland and Labrador Residential Tenancies Office – Helpline: 1-877-829-2608
• Legal Aid Newfoundland and Labrador
• Community Legal Information Centre – For information and tenant support
• Tenant Rights and Landlord Rights in Newfoundland and Labrador

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1. See the Residential Tenancies Act (NL)
2. Forms and procedural guidelines: Service NL Residential Tenancies Forms

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