How to Evict a Tenant in Newfoundland and Labrador

A landlord in Newfoundland and Labrador cannot remove a tenant alone. Ending a tenancy takes a written notice that fits one of the reasons in the Residential Tenancies Act, 2018. If the tenant is still there after the date in the notice, you apply to the Residential Tenancies Office. An adjudicator decides the case, and the sheriff carries out any order of possession.

The Act does not require a reason to end a month-to-month tenancy, as long as you give the longer notice. Shorter notices exist for unpaid rent and for cause. A fixed term tenancy is different: you can end it early only on the cause grounds. Otherwise you give 3 months' notice before the end of the term.

A notice cannot be given verbally. It has to be in writing, and until it is properly given and the date passes, the tenancy carries on.

Each reason has its own notice period. The move-out date counts from the day the notice is served.

The Act has no landlord's own use, sale or renovation ground for a single unit. Renovation or demolition applies only to larger buildings under a group termination rule. For the detail on each reason, see our guide to landlord notices to end a tenancy in Newfoundland and Labrador.

A lawful eviction in Newfoundland and Labrador usually runs like this.

1. Choose the ground that actually applies and find the matching notice on the government forms page. The no-reason notice is the Landlord's Notice to Terminate - Standard. Cause notices use the Landlord's Notice to Terminate Early - Cause.
2. Sign the notice, state the move-out date and serve it under section 35 of the Act. Keep proof of how and when you served it.
3. Wait for the date in the notice to pass. If the tenant pays unpaid rent in full before that date, a rent notice is void, but only twice in 12 months.
4. If the tenant stays, file an Application for Dispute Resolution for vacant possession. The fee is $20. You may file before the move-out date, but the hearing cannot be held before it.
5. Serve the tenant with the application and the hearing notice at least 10 clear days before the hearing. An application that is not served within 3 months expires and may be dismissed.
6. Attend the hearing, which is held by teleconference. If the applicant does not attend, the application is dismissed. If the tenant was properly served and does not attend, the hearing still goes ahead.
7. If you win, the order of possession usually tells the tenant to move immediately. Then you have the order certified and sent to the sheriff.

The Order of Possession policy sets out the hearing and service rules.

Self-help eviction is the fastest way to turn a strong case into a weak one. In Newfoundland and Labrador, do not do any of the following.

• Change the locks. Neither a landlord nor a tenant may change a lock on an entry door during the tenancy without mutual consent.
• Cut heat, water or electricity. Neither side may disconnect these services without the other's written consent, even when rent is owing.
• Keep, sell or throw out belongings. A landlord may not take a tenant's property to cover unpaid rent. Belongings left behind follow the abandonment process, with storage and the director's permission to sell.
• Retaliate. You may not end a tenancy, or threaten or harass a tenant, because the tenant made a complaint or an application.
• Evict over a human rights complaint. The Human Rights Act, 2010 also bars evicting someone for making a complaint.

Breaking the Act is an offence. A court can fine an individual up to $3,000 and a corporation up to $10,000, and each day it continues counts as a separate offence. Our Ask page on evicting a tenant immediately covers the common myth that a landlord can act at once.

A notice does not enforce itself. If the tenant thinks the notice is invalid, the tenant can apply to the director for a ruling on its validity, attaching a copy of the notice. If you win the possession hearing, the tenant can still appeal, but only to the Supreme Court of Newfoundland and Labrador and only on a question of jurisdiction or law. The appeal must be made not later than 30 days after a copy of the order is provided. The Office has no internal review. It can fix only clerical errors in an order.

If the notice was wrong, for example unsigned, too short or on the wrong ground, expect to start again with a correct notice. A tenant who believes the notice is retaliation for a complaint has one month after receiving it to apply for an order declaring the tenancy is not terminated.

In urgent safety cases, or where a tenant puts the landlord's property at significant risk, the director may order possession without a hearing. This is the exception, so do not plan around it.

The tenant's side of this process is explained in our Newfoundland and Labrador eviction process guide.

The Residential Tenancies Office does not enforce its own orders. To have the tenant removed, ask the Office to certify the order. The application is sworn before a commissioner or notary. You then receive an Order for Sheriff to Deliver Possession of Property stamped with an enforce-by date and file it with the Office of the High Sheriff.

Orders of possession commonly include a term that the tenant pays the sheriff's charges, but costs are at the adjudicator's discretion, so do not assume you will recover them. You can read about collecting costs and money orders in the Enforcement of Orders policy.

If the tenant also owes money, the same application can ask for it. A certified money order under $25,000 is filed with Small Claims Court at the Provincial Court, with a $25.00 fee added to the amount owed. A larger one is filed with the High Sheriff, where registration costs $75.00 or 0.5% of the judgment, whichever is greater, up to $1,500.00. The Office does not collect money for either side.

The security deposit is not yours to keep by decision alone. You need the tenant's written agreement or an application to the director, and you must return the deposit with interest within 10 days after the tenant vacates unless you have a claim.

No fixed timeline applies from notice to removal. The notice period, service, the hearing and the sheriff's schedule each add time, so build a plan around the steps rather than a date. The Act and the government guide contain no winter or seasonal eviction restriction.

Keep a file with the lease, rent records, the notice, proof of service and any photos or messages. An adjudicator decides on what you can show.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.