Filthy or Damaged Unit in Newfoundland and Labrador

The Residential Tenancies Act, 2018 (SNL2018 c R-14.2) puts a duty on every tenant through statutory condition 2 in section 10(1): keep the residential premises clean, and repair damage caused by a wilful or negligent act of the tenant or of a person the tenant permits on the premises. That is the rule this guide rests on.

Two things the official sources do not do. Neither the Act, the Residential Tenancies Office policies nor the provincial Guide uses the word hoarding, so this guide frames the situation as one of cleanliness and damage. Nor did the sources reviewed turn up any provincial rule that lets you charge a cleaning fee outside condition 2 and a compensation claim.

The tenant is not required to repair normal wear and tear. The tenant obligation policy (Policy 02-007) says so directly. A worn carpet is not the same as a floor soaked and ruined by a negligent act. The line between the two is for the director to draw if it comes to an application.

You need to see the unit before you can prove anything, and you need the right notice to do it. Statutory condition 5(b) allows entry at a reasonable time with written notice of the time of entry given to the tenant at least 24 hours in advance. The notice to enter policy (Policy 03-002) says the notice should state the date, a reasonable time and the reasons for entry, be in writing, name the tenants, give the address and cite section 10(1)5. Without proper notice, the tenant may terminate for interference with peaceful enjoyment.

The inspection policy (Policy 03-003) says landlords should inspect periodically after serving the appropriate notice to enter. The form is the Landlord's Notice to Enter Premises, RT-2018-00063 (form). The Residential Tenancies Office also names a Rental Premises Condition Report on its forms page; it is the record to compare against.

For the full entry rules and what to do when a tenant refuses, see Newfoundland landlord entry and what to do if a tenant refuses entry.

The sources reviewed support this order of steps:

1. Inspect with a proper 24 hour written notice, and record what you see: dates, rooms, damage.
2. Ask for repairs. The Landlord's Request for Repairs, RT-2018-00051 (form), gives the tenant a time period of not less than 3 days and says that if repairs are not done you may seek an order for repair or for compensation.
3. Serve a section 22(1) notice requiring the tenant to comply with condition 2. It must be signed by you, be served as section 35 requires, and meet section 34.
4. If the tenant is in breach within 3 days after the notice has been served, or within a reasonable time, you may give a notice that the tenancy ends and the tenant must vacate on a date not less than 5 days after service (section 22(2)).
5. Use the Landlord's Notice to Terminate Early (Cause), RT-2018-00040 (form). The form title lists sections 19, 20, 21, 22 and 24. The notice must state the date the agreement ends.

Follow the wording of the Act on the 3 day period. The Act ties it to the tenant's contravention after service of the notice, or a reasonable time; do not count from when the tenant says they received it.

Two other sections may matter. Section 21(2) lets you give notice effective immediately where an action of, or a failure to act by, a tenant makes the residential premises unfit for habitation. The sources reviewed do not say how bad a unit must be to meet that test, so this is a question for the Residential Tenancies Office rather than a conclusion you should reach alone.

Section 24(1) applies where the tenant breaches condition 7(a), unreasonable interference with the rights or privacy of the landlord or other tenants. The landlord may give notice to vacate not less than 5 days after service. It is about interference, not about cleanliness, so use it only if neighbours or other tenants are affected.

If the matter goes to the director, section 48 lets the director decide without a hearing in urgent safety cases or where the tenant has put the landlord's property at significant risk. These routes are narrow. If in doubt, use the section 22 steps.

For money, the compensation policy (Policy 09-003) sets out what you must show. You need an itemized list. You must prove the cost, the damage, that it occurred during the tenancy, and that it was deliberate or negligent. The policy applies straight-line depreciation: its example is a $1000 floor with 5 of 10 years remaining, which gives $500. If you do the repair yourself, your own labour is claimable at the provincial minimum wage plus $8.00 per hour, and a Compensation for Damages Worksheet exists.

You apply to the director under section 42 using the Application for Dispute Resolution, RT-2018-00053 (form), within one year after the rental agreement ends. Policy 08-006 states a $20.00 application fee; check the current figure on the official page. Under section 47(1) the director may order compliance, compensation or that the tenant vacate.

Do not deduct for damage from the deposit by guesswork. See the Newfoundland security deposit guide and the general page what to do if a tenant damages property.

Separate from the Act, the Occupancy and Maintenance Regulations (CNLR 1021/96) are a municipal layer. They apply only to the municipalities listed in their Schedule. When this guide was prepared, the Schedule listed, for example, Mount Pearl, Corner Brook, Paradise, Gander, Conception Bay South, Grand Falls-Windsor, Happy Valley-Goose Bay, Labrador City and Stephenville. St. John's is not in the Schedule. The Schedule was amended in 2026, so check the current list before you rely on it.

In a listed municipality, the enforcement authority can direct an owner to do work, including to clean and paint to reach a satisfactory condition of appearance and cleanliness. Related sections cover garbage, on-site storage, debris and overcrowding. That order is aimed at you as owner, with a penalty for failing to comply and a 30 day appeal period, so a tenant complaint to the municipality can come back to you. The Residential Tenancies Office policy on uninhabitable premises (Policy 07-006) says these regulations are enforced most often by the municipal government. These are municipal rules, not provincial ones.

The sources reviewed list no provincial form to request a property standards inspection. If you are outside the Schedule, only the Act's rules above apply. Keep your notices and records together. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.