How to Become a Landlord in Newfoundland and Labrador

The Residential Tenancies Act, 2018 has no registration or licensing provision, and the government's tenancy pages, guide and FAQ mention no landlord registry or licence. Municipal licensing was not covered in the sources used for this guide, so check with your town or city before you list.

What the Act does require is a set of duties you take on the moment you agree to rent. It applies to written, oral and implied agreements, so a handshake and a first rent payment already create a tenancy. The Act does not apply to hotel stays, vacation homes used seasonally, student housing run by an educational institution, co-operative housing for members, or commercial tenancies.

Before listing, read the tenant side as well. The tenant guide to lease agreements in Newfoundland and Labrador shows what your tenant will expect.

1. Confirm the unit is fit to live in. You must keep it in a good state of repair, fit for habitation, and follow health, safety and housing laws. The Occupancy and Maintenance Regulations apply only in the municipalities listed in their schedule, and other towns may have their own by-laws.
2. Arrange insurance for the building and your own property. The Residential Tenancies Office says that is your responsibility, not the tenant's.
3. Decide your terms: rent, due date, fixed term or periodic, pets, smoking, and who pays utilities. You may require the tenant to carry insurance for their own belongings, which the Office calls generally reasonable.
4. Screen applicants without breaching human rights or privacy law. See screening tenants legally in Newfoundland and Labrador.
5. Prepare the rental agreement and the deposit paperwork.

If you are still deciding whether to rent, how to become a landlord gives a short overview.

The government publishes a Standard Rental Agreement (form RT-2018-00044), and its guide says you can use and customize it. The content the Act requires must be included, but the layout is flexible.

• Copy of the Act. When you and the tenant enter the agreement, give the tenant a copy of the Act and regulations, and a written notice of your name, phone number and address for documents, plus any agent's details.
• Copy of the signed agreement. Give it to the tenant within 10 days after it is signed. For an oral or implied agreement, give a written notice with the prescribed information within 10 days.
• No charge. All of this must be free for the tenant.
• Statutory conditions. Eight conditions apply to every tenancy and must be reproduced word for word in a written agreement. They cover repairs, damage, subletting, entry, locks, peaceful enjoyment and services.
• Fixed term. A fixed term must be at least 6 months. The Act sets no maximum.

If you skip the copy, the tenant's duty to pay rent is suspended until you comply, and then the withheld rent becomes payable. A term that breaks the Act is void.

Details are in the deposit guide and the guide to raising rent. Give a receipt when the tenant asks for one, for any kind of payment, and keep full records of rent and deposit money.

• Repairs. The tenant can serve a written request for repairs and, if you do not fix the problem in a reasonable time, apply to the Residential Tenancies Office for an order, a rent reduction or a rebate.
• Entry. You need 24 hours' written notice and a reasonable time, except in an emergency. See when a tenant refuses entry.
• Locks and services. Do not change the locks during the tenancy without mutual consent, and do not disconnect heat, water or power without the tenant's written consent.
• Quiet enjoyment. You must not unreasonably interfere with the tenant's privacy and peaceful enjoyment.
• Belongings. You may not take a tenant's belongings to cover unpaid rent.
• Condition reports. Not required by law, but the Office recommends them at move-in and move-out.

A unit is fit when it meets the health, safety and housing standards that apply where you are. If a regulator declares the unit uninhabitable, the tenant may end the tenancy immediately.

You can end a month-to-month tenancy with at least 3 months' notice before the end of a rental period, and the Act requires no reason. The tenant gives at least one month. Unpaid rent, cause and damage have shorter notices, and the full list is in landlord notice to end a tenancy in Newfoundland and Labrador. A notice cannot be verbal.

If a tenant stays after a valid notice, you apply to the Residential Tenancies Office for an order of possession, and a certified order goes to the sheriff for enforcement. The Office does not enforce it. The filing fee is $20, and an appeal lies to the Supreme Court on a question of jurisdiction or law. The landlord guide to evicting a tenant walks through the steps.

The Residential Tenancies Office lists its forms on the residential tenancies page, including the Standard Rental Agreement, Landlord's Notice to Increase Rent, Landlord's Notice to Terminate - Standard, Landlord's Notice to Terminate Early - Cause, Landlord's Notice to Enter Premises and the Application for Dispute Resolution. Its policy and procedure guide explains how adjudicators decide common problems.

You can also read what rights landlords have. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.