Tenant Won't Leave in Newfoundland and Labrador

A tenant who stays after the termination date in a valid notice is still in possession, and you have no right to remove them yourself. The path is the Residential Tenancies Office. You apply for an Order of Possession, an adjudicator decides, and the sheriff enforces the order.

Before anything else, check that your notice was valid. Under the Residential Tenancies Act, 2018 a no-reason notice must be signed, given not later than the first day of a rental period, state a date that is the last day of a rental period, and be served under section 35. A notice cannot be given verbally. If the notice was defective, the tenancy carries on and you need to serve a correct one.

A fixed term tenancy that reaches its end date without a notice from either side does not simply stop. If the tenant stays, the tenancy continues on the same terms, and you can then end it with the month-to-month notice periods.

1. File an Application for Dispute Resolution for vacant possession with the Residential Tenancies Office. The filing fee is $20. You may file before the move-out date, but the hearing cannot be held before it.
2. Serve the tenant with the application and the notice of hearing at least 10 clear days before the hearing date. An application that is not served within 3 months expires and may be dismissed.
3. Attend the hearing, held by teleconference. If you do not attend, the application is dismissed. If a properly served tenant does not attend, the hearing goes ahead.
4. If the adjudicator agrees, the order usually says that the tenant must move immediately.

The Order of Possession policy explains this process. For the whole route from notice to enforcement, see our guide to evicting a tenant in Newfoundland and Labrador.

An order does not remove the tenant by itself, and the Residential Tenancies Office does not enforce it. After the hearing:

1. Ask the Office to certify the order. The application is sworn before a commissioner or notary.
2. The Office gives you an Order for Sheriff to Deliver Possession of Property stamped with an enforce-by date.
3. File it with the Office of the High Sheriff before that date, and follow the sheriff's instructions on timing.

Orders of possession commonly say the tenant must pay the sheriff's charges, but costs are at the adjudicator's discretion. See the Enforcement of Orders policy.

There is no published wait time for any of these steps, so plan for a gap between the hearing and the day the sheriff acts. Keep records of every step.

• Do not change the locks. Neither a landlord nor a tenant may alter a lock on an entry door during the tenancy without mutual consent.
• Do not cut heat, water or electricity. This needs the other side's written consent.
• Do not take, keep or sell belongings. The Act bars a landlord from taking a tenant's property to cover a contravention, including unpaid rent.
• Do not harass or threaten. A landlord may not coerce, threaten, intimidate or harass a tenant, especially after a complaint or application.

Breaking the Act is an offence, with fines up to $3,000 for an individual and $10,000 for a corporation, and each day counts separately. Our Ask page on what to do if a tenant refuses to move out gives the short version.

Abandonment is different from a tenant who stays. A unit is abandoned only if the tenant has moved out, the tenancy was not properly ended, and rent is overdue. A tenant who is in hospital, in jail or on a long holiday has not abandoned the unit. Before taking possession you must post a notice at least 24 hours ahead using the Landlord's Notice of Abandonment. Belongings left behind must be stored for at least 30 days, and selling them needs the director's permission.

Only people who agreed to pay rent are tenants. A spouse, child, other family member or roommate who did not agree to pay rent is an occupant, and the Office says occupants should not be named in an application. The sources checked give no step for removing someone who is only an occupant, so ask the Residential Tenancies Office how to proceed before filing.

If someone never had any agreement with you and never paid or promised rent, that person may be outside the Act. If the parties disagree on whether the Act applies, either one can ask an adjudicator to decide it, and the case may be sent to a court.

A tenant who thinks the notice is invalid can apply to have its validity decided, and that application can be heard before the termination date if there is time to serve it. 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. Appeals go to the Supreme Court of Newfoundland and Labrador, only on a question of jurisdiction or law, and not later than 30 days after a copy of the order is provided. The Office has no internal review.

The sources checked do not say whether accepting rent after the termination date affects your notice, so ask the Office before you accept a payment. The notice itself is explained in our guide to landlord notices to end a tenancy. If the tenant is still behind on rent, see how long an eviction can take.

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