Changing the Locks in Newfoundland and Labrador

Statutory condition 6 in section 10(1) of the Residential Tenancies Act, 2018 is titled Entry Doors. Except by mutual consent, neither the landlord nor the tenant may, during the tenant's use or occupancy of the residential premises, alter a lock or locking system on a door that gives entry to the premises. The condition is part of every tenancy, and a written agreement must reproduce it without variation (section 10(2)).

Three points follow from the text. It applies to both sides: a tenant who re-keys the front door without your agreement is also outside it. It covers a lock or locking system on a door that gives entry to the premises, not every lock inside. And the exception is mutual consent, so if the tenant agrees, in writing ideally, you may change it.

Changing the lock on a tenant who is still occupying the unit, whether because of unpaid rent or a dispute, is not something the condition allows. Do not use a lock change as leverage.

The Residential Tenancies Office policy on deposits, payments and fees (Policy 02-004) says a landlord cannot charge the tenant for replacing locks unless the locks were damaged by the tenant or by guests of the tenant. The policy treats replacing locks as a cost of doing business, and expects the landlord to change locks at turnover for the new tenant.

That means the usual time to re-key is between tenants, when you hold the unit. A tenant who loses a key is a matter the sources reviewed do not address. The sources reviewed contain no rule on keys, on key copies, or on what keys a landlord must give a tenant, and none on a tenant adding an extra lock beyond the mutual consent rule. Put the key arrangement in your lease and ask the Residential Tenancies Office where you are unsure. See also whether a landlord is allowed to have a key, a general page that is not specific to this province, and Newfoundland landlord entry for the notice you must give before you enter.

Section 31 of the Act deals with abandonment. A tenant is considered to have abandoned the premises where the tenant has vacated, the rental agreement has not been terminated, and rent is overdue. Before you enter, you must post a notice not less than 24 hours before entering. Under section 31(4), if the tenant tells you the unit is not abandoned, you shall not enter. Entry for an abandoned unit is also listed in condition 5(c).

The Residential Tenancies Office forms page names a Landlord's Notice of Abandonment; the form number was not recorded for this guide, so use the forms page to get the current one. The sources reviewed do not say whether you may change the locks after a section 31 notice, so check with the Residential Tenancies Office before you do. Do not treat a quiet unit as abandoned. The test in the Act is that the tenant has vacated and the agreement is not terminated, not that the unit looks quiet.

For general rules on unpaid rent, see what to do when a tenant is not paying rent in Newfoundland.

Locking someone out often leads to a second problem: what is inside. Section 33 says a landlord shall not take a tenant's personal property to compensate for a contravention of an obligation by the tenant, including a failure to pay rent. Holding belongings against unpaid rent is not allowed.

If property is left after a real abandonment, section 32 requires you to store it for not less than 30 days, with an inventory sent to the director, and the tenant may reclaim it by paying reasonable costs. The forms page names an Application to Dispose of Personal Property and an Application to Sell Personal Property. See what to do with belongings a tenant leaves behind in Newfoundland for the steps.

Separately, condition 8 says a landlord or tenant shall not, without the written consent of the other party, disconnect or cause to be disconnected heat, water or electric power services provided to the premises. Shutting off services is another route the Act does not allow.

If the real goal is to end the tenancy, use the notices the Act provides: for unpaid rent a notice under section 19, for a breach of a material term section 20, for an unfit unit section 21, and for failing to keep the unit clean section 22. The guide to ending a tenancy in Newfoundland and Labrador explains notice timing.

If the tenant stays after a valid notice, you apply to the director under section 42 for dispute resolution and seek an order under section 47(1)(e). Application form RT-2018-00053 is the Application for Dispute Resolution. A vacate order that is not obeyed can be certified by the director and sent to the sheriff (section 47(2) and (5)), so self-help is not the route.

The remedies are in the Act's general provisions. A tenant may terminate on 5 to 14 days' notice where the landlord unreasonably interferes with the tenant's reasonable privacy and peaceful enjoyment (condition 7(b), section 23). The director's powers under section 47(1) include compensation, and a separate power for compensation for inconvenience, with a rent offset, appears in section 47(1)(h).

No Act text reviewed sets a penalty or a fine specific to a landlord lockout. The sources also do not state how a lockout is valued or how quickly the director would deal with one. Do not read that silence as permission: it only means this guide cannot give a number. For a specific case, speak to the Residential Tenancies Office. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.