Residential Tenancies (Landlords and Tenants)

Residential Tenancies Act, 2000 
TRADE PRACTICES DIVISION
DEPARTMENT OF GOVERNMENT SERVICES
5 MEWS PLACE
PO BOX 8700
ST. JOHN'S NL  A1B 4J6
CANADA

Other Locations and Contact Numbers

Contents

  1. Does your landlord-tenant relationship fall under our authority
  2. What a Tenant should know before renting
  3. What a Tenant should know while renting
  4. What a Landlord should know before accepting a tenant
  5. What a Landlord should know after accepting a tenant
  6. The mediation and hearing process
  7. Residential Tenancies Links
  8. Residential Tenancies Forms, Pamphlets and Information

Does your landlord-tenant relationship fall under our authority

Our authority does not apply to living accommodations that are:

  • occupied on a transient basis provided in a hotel, motel, inn, tourist home or hostel;
  • occupied as a vacation home for a seasonal or temporary period;
  • occupied by a person for penal, correctional, rehabilitative or therapeutic purposes;
  • provided to temporarily shelter persons in need;
  • in a hospital, nursing home or a home established to provide personal care for the aged;
  • provided by an educational institution to its students;
  • provided by a religious, charitable or non-profit organization for the purpose for which it is established;
  • provided by a cooperative housing corporation to its members who occupy the living accommodation;
  • attached to premises occupied for a business purpose where both are under a single rental agreement, unless the person occupying the living accommodation is someone other than the person occupying the premises for business purposes;
  • provided where the occupant is required to share a bathroom or kitchen facility with the owner who lives in the building in which the living accommodation is located, or in which meals or bed linens are provided (Boarding House);
  • a government agency that pays rent on behalf of a tenant;
  • governed by an attornment clause in a mortgage creating a security interest in residential premises;

What a Tenant should know before renting

When you're looking for a place to rent, ask yourself the following questions:

  • How much rent can I afford to pay each month?
  • Is it in an area convenient for me (close to schools, etc.)?
  • Do I want a non-smoking apartment?
  • Do I need an apartment whose owner allows pets?
  • Do I need an apartment with accessible entrances?

When you find a potential new apartment, first note the condition of the apartment, for example, take special note of the flooring/carpeting, appliances, walls, and windows. Find out what services are available, for example, laundry facilities, appliances and utilities.

If you plan to rent the apartment, ask the following questions:

  • How much is the rent and when is it due?
  • What kind of rental agreement is it? Is it weekly, monthly or a term from 6 months to a year? Do I want to sign an agreement?
  • How much notice is required if you want to move out?
  • What is the earliest move-in date and at what exact time?
  • What is included in the rent?

If you want to rent the apartment, you may have to complete an application form and give a Security Deposit (PDF: 68 KB). Before signing any Rental Agreement (PDF: 42 KB), read the agreement carefully and review our Information on Rental Agreements (PDF: 86 KB). You should not sign the agreement unless you are sure the apartment is right for you. Remember, once you have agreed to rent the apartment, you are a tenant and have all the obligations of a tenant.

What a Tenant should know while renting

Find out who you have to contact to request repairs or who to contact in an emergency.

Ensure you have the landlord's address and telephone numbers.

Your responsibilities as a tenant are:

  • pay the rent on time. Landlords can charge a late fee of $5.00 for the first day the rent is in arrears and $2.00 for each additional day the rent remains in arrears to a maximum of $75.00;
  • request a receipt for all rent and any security deposit paid;
  • keep the rental unit clean at all times;
  • take reasonable care not to damage the premises, and if damage does occur, repair the damage properly within a reasonable period of time. You are responsible for damages done by people you allow on the premises;
  • not to interfere with the peaceful enjoyment of others in the rental property or in any neighbouring properties;
  • obey the landlord's reasonable rules and regulations;
  • redecorate the rental unit only with the consent of the landlord or assign or sublet the premises;
  • to give the landlord a proper Termination Notice (PDF: 8 KB) before moving out of the premises. You should also get an Acknowledgement Receipt For a Notice of Termination (PDF: 8 KB);
  • not to disconnect services to the premises until the agreed upon moving out date.
If you have a problem with you rental unit you should put your concerns in writing to the landlord or the landlord’s agent. If after a reasonable amount of time the problem is not corrected you should Contact Our Office to Start a Claim (PDF: 86 KB). We also recommend you review our information sheet on Completing a Claim Form (PDF: 92 KB). We will then try to mediate your complaint and if that is not successful your claim will go to a Hearing.

What a Landlord should know before accepting a tenant

It is suggested you require a written application from prospective tenants and request information such as, character references, name of employer and income, credit reference, names of all the people who will be living in the rental unit, and date of birth. This application does not enter you into an agreement with the prospective tenant.

When you approve a tenant, collect your first month's rent and security deposit before providing keys to the rental unit. Remember once you have agreed to rent the apartment, you have all the obligations of a landlord. Once you have entered into a rental agreement, you must provide your tenant a copy of the Residential Tenancies Act. You should get an Acknowledgement Receipt for Copy of the Act (PDF: 8 KB) from the tenant. You should also ensure the rental unit is available on the date agreed.

You must provide the tenant with a copy of any Rental Agreement (PDF: 42 KB) signed by you and the tenant within 10 days after signing. The agreement must contain the required information as outlined on our Information on Rental Agreements (PDF: 86 KB). Remember if there are rules such as "no pets" or "no smoking" it is best to ensure that these rules are part of the Rental Agreement (PDF: 42 KB). The types of rental agreements allowed are weekly, monthly and a term of 6 months to a year.

You should complete a Rental Premises Condition Report (PDF: 55 KB) with the tenants at the beginning of the tenancy. This helps protect you and the tenant in the event of damages to the rental property.

You cannot collect a Security Deposit (PDF: 68 KB) until you have decided to rent the unit to the applicant. (Note: you may collect up to 3/4 of the first months rent as a security deposit. You can also collect the first month's rent. You cannot collect the first and last month's rent.

What a Landlord should know after accepting a tenant

A landlord must:

  • provide the tenant with a written notice of the landlord's name, telephone number and address where documents may be served and if you have an agent responsible for the residential premises, you must provide that person's name, telephone number and address. Immediately notify the tenant in writing of any change in this information during the tenancy;
  • provide a written receipt for the rent and security deposit paid. The receipt should show the amount of rent received and for what period, the date it is received, and the address of the rental unit. The landlord is required to keep records of rent and security deposits received from tenants;
  • investigate complaints from the tenants of disturbances or repairs as soon as possible and try to resolve the problem;
  • not change or alter the lock or locking system during the tenancy without providing the tenant with a copy of the new key;
  • do repairs and keep the rental unit in good condition;
  • ensure the continual supply of essential services such as heat, water etc.;
  • provide and maintain sufficient doors and locks to make a unit reasonably secure, and not enter the rental unit without proper notice of entry, unless it's an emergency;
  • allow a tenant to assign or sublet their rental unit unless there is a legitimate reason not to do so;
  • give the tenant(s) proper Termination Notice (PDF: 8 KB) to have them vacate the rental unit. You should also get an Acknowledgement Receipt For a Notice of Termination (PDF: 8 KB);
  • after the tenant moves out, refund the Security Deposit (PDF: 68 KB) within 15 days after the termination of the rental agreement. When a security deposit is refunded, pay interest on the security deposit for the entire period the landlord had the security deposit. The Rate of Interest (PDF: 84 KB) is set by the Security Deposit Interest Regulations. You may use the Security Deposit Interest Rate Calculator to assist in determining interest on your security deposit.

A landlord shall not enter the rental unit without the consent of the tenant unless:

  • it is an emergency;
  • notice of the rental agreement has been given and every reasonable effort has been made to give 4 hours notice that the landlord wishes to show the unit;
  • it is at a reasonable time and with at least 24 hours written notice;
  • the tenant has abandoned the premises under Section 27 of the Act.

A landlord shall not, without consent of the tenant, disconnect or cause to be disconnected, heat water or electric power services being provided to the premises.

If you have a problem with you tenant you should put your concerns in writing to the tenant. If there are repairs that you require the tenant to complete you should provide the tenant with a Notice to Effect Repairs (PDF: 7 KB). If after a reasonable amount of time the problem is not corrected you should Contact Our Office for more Information on Notices of Terminations (PDF: 74 KB) and how to Start a Claim (PDF: 86 KB). We also recommend you review our information sheet on Completing a Claim Form (PDF: 92 KB). We will then try to mediate your complaint and if that is not successful your claim will go to a Hearing (PDF: 77 KB).

The mediation and hearing process

If you have been unsuccessful trying to solve your landlord tenant issue and want to go to the next step, we offer two services to resolve landlord tenant disputes, Mediation (PDF: 144 KB) and Arbitration. To start this process, Contact Our Office to Start a Claim (PDF: 86 KB) and review Completing a Claim Form (PDF: 92 KB).

After you file your claim and a hearing date is set, you have to give a copy of your claim to the other party involved in the dispute and you may have to serve some witnesses with a Subpoena (PDF: 74 KB). During the time before the hearing your claim will be assigned to a mediator who will contact both parties involved to see if the dispute can be resolved. A mediated agreement is binding and enforceable on all parties involved.

If an agreement is not mediated, the matter would proceed to the hearing process which is explained in our Brochure on the Hearing Process. At the hearing you will put forward your evidence to support your claim and will submit a Hearing Expense Form (PDF: 86 KB) which outlines the compensation you are seeking. An arbitrator will hear your dispute and make a ruling in the matter. We try to notify all parties involved of the results within 14 days by registered mail. If you are not satisfied with the results and feel that you have grounds for reconsideration you can file a Request for Consideration (PDF: 90 KB) with Our Office.

Residential Tenancies Links

Organization Address
Memorial University Off Campus Housing www.munhousing.ca/housing-services/och/welcome.php
Public Legal Information – Landlord and Tenant Relations publiclegalinfo.com/publications/landlord_tenant.html

Residential Tenancies Forms, Pamphlets and Information

For the Landlord

For the Tenant

For the Tenant and Landlord

If you still haven’t found the information you are looking for, please Contact our office.