Newfoundland & Labrador Property Laws | Property Vista

Newfoundland and Labrador

Last Updated: August 31, 2018

What’s the deal with evictions in Newfoundland and Labrador?

Leases in Newfoundland do not carry on past a year.  The tenant and property manager must convene to renegotiate the lease or submit a notice to end tenancy. If the tenant has not moved out, the landlord must complete an application for an order of eviction.

What would the eviction process look like?

The landlord must provide written notice of their intention to terminate the tenancy before the lease ends.

A typical eviction process would be for non-payment of rent. If the rent is still owing fifteen days after rent is due, the tenant may receive a notice to vacate within ten days.  Assuming the tenant fails to move out,, the landlord can apply for an order of possession through Service NL, wherein they will attend a hearing and submit relevant evidence. If the landlord is successful, the order of possession can be enforced by the sheriff’s office

 

Security Deposits

Property managers must collect security deposits from all tenants before they move in. It is returned to the tenant at the end of the tenancy or 15 days thereafter with all accrued simple interest. If there is a dispute over the refund of the deposit, both parties can apply to the ServiceNL for the deposit.

 

How sizable can a Security Deposit be?

A security deposit has to be three-quarters of a full month’s rent and no more than the rent payable for the first two weeks.

 

Does the money need to be kept in a separate account?

The Security Deposit needs to be placed in a trust account within two days of the landlord receiving it.  The accumulated interest needs to be paid back to the tenant at the end of each year.

 

What can security deposit money be used for?

The security deposit cannot be touched until after the tenancy agreement has ended, at which point the landlord, beleiving the money will be necessary, can apply to ServiceNL to retain part or all of the deposit.

Disclaimer: Many of the terms in these fact sheets may relate to certain legal rights and obligations that tend to change from time to time. The information provided does not constitute legal advice and the manager of this database is not a law firm. These materials are intended, but cannot be promised or guaranteed to be current, complete or up-to-date. The specific interpretation of the terminology, acts and relevant regulations depend on the laws and procedures corresponding to that particular province. All of these fact sheets are to be used for informational purposes only and are not meant to be used as legal advice. If you need more information about your province or territory, including details about legal orders, notices and certain forms, contact your local rental authority or a qualified lawyer in the area.

Resources

Service Newfoundland Labrador

http://tenantrights.ca/facts/newfoundland-and-labrador

Jack Beaton Sterling Karamar, Property Management
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