Landlord Notice to End a Tenancy in Newfoundland and Labrador

The notice period depends on why you are ending the tenancy. All periods run from the day the notice is served, and the notice must be in writing.

These periods come from sections 18 to 24 of the Residential Tenancies Act, 2018.

The Act does not require a reason for the standard notice. Use the Landlord's Notice to Terminate - Standard from the government forms page. The notice must cover full rental periods. It must be signed, given not later than the first day of a rental period, and state a date that is the last day of a rental period.

Because of those rules, count carefully before you serve. If you are unsure of the date, ask the Residential Tenancies Office first.

A fixed term tenancy is treated differently. You can end it early only on the cause grounds. Otherwise you give 3 months' notice before the end of the term. If the term ends and the tenant stays without any notice, the tenancy continues on the same terms and can then be ended with the month-to-month periods above.

The Act has no landlord's own use, sale or renovation ground for a single unit. A landlord who wants to move in or sell uses the same no-reason notice. A sale does not shorten the tenancy: the new owner takes over the agreement and cannot give a shorter notice.

Cause notices use the Landlord's Notice to Terminate Early - Cause. The grounds are narrow and each has its own steps.

• Material breach (section 20). First give written notice of the breach. If the tenant does not fix it in a reasonable time, you may give a notice at least one month before the end of the rental period. The Office lists examples of material terms, such as no smoking, no pets or paying own utilities.
• Uninhabitable unit (section 21). If the tenant's act or failure made the premises unfit, notice can be effective immediately.
• Damage or cleanliness (section 22). Ask in writing for the repair or cleaning. If it is not done within 3 days or a reasonable time, you can give notice for a date at least 5 days after service.
• Interference (section 24). If the tenant unreasonably interferes with the landlord's or other tenants' rights and reasonable privacy, give notice for a date at least 5 days after service.

The Office's guide says a single violation of peaceful enjoyment can be enough if it is egregious, and that a tenancy cannot be ended over disturbances that neither landlord nor tenant controls.

Rent must be overdue 5 days or more first (weekly: 3 days), and the move-out date must be at least 10 days after service (weekly: at least 3 days). If the tenant pays all overdue rent plus any late fee before the date, the notice is void, but only twice in 12 months. See our guide to tenants who are not paying rent for the full steps.

There is no renovation ground for a single unit. A group termination rule applies in a complex of more than 9 units (more than 5 for a mobile home park). In that case, a landlord cannot give notice to end the tenancies of 50 percent or more of the units within 3 months, except for demolition, change of use, or renovations so extensive that the unit must be vacant, or for cause notices.

The exception requires 6 months' notice and a permit or other authority for the work. The director may lengthen or shorten the notice for undue hardship. A tenant may leave early on at least 10 days' notice and then pays rent only to the move-out date. If you re-rent without doing the work, you must continue to charge the same rent. A tenant of 5 or more consecutive years in a condo conversion has a right of first refusal to buy. See the Group Eviction policy.

Section 35 of the Act sets how a notice is served. One permitted method is giving it to a person 16 years of age or older who apparently lives with the tenant. Check the Act's list of methods before choosing, and keep proof of how and when you served.

A notice does not remove the tenant by itself. If the tenant stays, you apply to the Residential Tenancies Office, and the hearing cannot be held before the termination date. See our guide to evicting a tenant in Newfoundland and Labrador. The tenant may apply to have the notice's validity decided, and a tenant who believes the notice is retaliation has one month to apply.

After a termination notice is given by either side, you may show the unit to prospective tenants or buyers at a reasonable time after a reasonable effort to give at least 4 hours' notice. Before a notice, showings need the usual 24 hours' written notice.

The usual errors are a verbal notice, an unsigned notice, a date that is not the last day of a rental period, a notice served too late in the rental period, and ending a fixed term early without a cause ground. Retaliation is also barred: you may not give notice because the tenant made a complaint or application. Our Ask pages on how much notice a landlord has to give and moving back into the property cover the common questions. The tenant-side notice rules are in our ending a tenancy guide for Newfoundland and Labrador.

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