To evict a tenant for unpaid rent in Newfoundland and Labrador, you must legally wait until the rent is 5 days late. After that, you can serve a formal Notice of Termination, which requires the tenant to pay the balance or vacate the premises no earlier than 10 days after the notice is served.
Owning a rental property can be a great investment, but it comes with serious financial risks. When a tenant stops paying rent, it directly impacts your ability to cover the mortgage, property taxes, and maintenance costs. While it might be tempting to march over to the property and demand your money or change the locks, doing so is highly illegal and can result in massive fines against you. In Newfoundland and Labrador, you must follow a strict, legally mandated eviction process.
The Residential Tenancies Act outlines exact timelines that landlords must adhere to when dealing with rent arrears. Whether your rental unit is an apartment in Gander, a duplex in Conception Bay South, or a condo in St. John’s, the rules remain exactly the same across the province. This guide will provide a clear roadmap on how to legally serve notice, how the grace period works, and how to involve the authorities if the tenant refuses to leave. If you are dealing with a professional “bad tenant” who knows how to manipulate the system, hiring a local lawyer from our directory is a wise investment.
Step-by-Step Process in Newfoundland and Labrador
Evicting someone for non-payment requires strict adherence to timelines. If you issue a notice even one day too early, Service NL will invalidate your paperwork, forcing you to start the entire process over from the beginning.
Step 1: Waiting the Mandatory 5-Day Period
In Newfoundland and Labrador, rent is considered late the day after it is due. However, you cannot immediately serve an eviction notice. By law, you must wait until the rent is exactly 5 days late . For example, if rent is due on the 1st of the month, the tenant is officially late on the 2nd. You must wait the 2nd, 3rd, 4th, 5th, and 6th. The earliest you can serve the termination notice is on the 7th of the month.
Step 2: Serving the Notice of Termination
Once the 5 days have passed, you must complete a formal Notice of Termination (referencing Section 19 of the Act). This document must be in writing and clearly state the amount of rent owed. The notice must specify a termination date that is not less than 10 clear days after the day the notice is served on the tenant. You must serve this document properly by handing it to the tenant, giving it to an adult who lives there, or posting it securely on the tenant’s door 📬.
Step 3: The Tenant’s Right to Pay
During those 10 days, the tenant has the legal right to cancel the eviction. If the tenant pays all the rent arrears (including any late fees specified in your lease, up to a maximum of $75 CAD) before the termination date listed on the notice, the notice becomes legally void. The tenancy will simply continue as if nothing happened.
Step 4: Filing for an Eviction Order
If the 10 days pass and the tenant has neither paid the rent nor moved out, you still cannot physically remove them. You must file an Application for Dispute Resolution with the Residential Tenancies Division (Service NL). A hearing will be scheduled where an adjudicator will review your evidence. If successful, you will be granted an Order of Possession. You then take this certified order to the Sheriff’s Office, who are the only people legally authorized to physically remove the tenant and their belongings.
How Much Does it Cost in Newfoundland and Labrador?
Evicting a tenant involves some administrative and enforcement costs. Here is an estimate of what you can expect to pay in CAD:
| Type of Expense | Estimated Cost (CAD) |
|---|---|
| Service NL Application Fee | $20 |
| Late Fee (Charged to Tenant) | $5 for first day, $2 each extra day (Max $75) |
| Sheriff Eviction Execution Fee | $100 – $300 (Depends on travel distance) |
| Lawyer or Paralegal Fees (Optional) | $500 – $1,500+ |
How Long Does the Process Take?
If the tenant vacates voluntarily, the process takes exactly 15 days (5 days late + 10 days notice). However, if the tenant is uncooperative, you must wait for a Service NL hearing. Depending on the current backlog at the Residential Tenancies Division, securing a hearing date and receiving the final written order can take anywhere from 3 to 6 weeks. Coordinating with the High Sheriff’s Office for the physical lockout may add an additional week.
Frequently Asked Questions (FAQ)
Can I change the locks if they haven’t paid?
Absolutely not. Changing the locks without a Sheriff present and a valid Order of Possession is a severe violation of the Residential Tenancies Act. The tenant can sue you for illegal lockout and you could face steep fines.
Can I shut off the electricity or water?
No. Landlords are strictly prohibited from disconnecting any essential utilities (heat, water, electricity) as a tactic to force a non-paying tenant out of the property.
What if the tenant only pays half the rent?
If the tenant makes a partial payment, the rent is still considered in arrears. The eviction notice remains valid unless the tenant pays the entire outstanding balance before the 10-day deadline expires.
Do I have to accept the money if they try to pay on day 11?
If the 10-day notice period has fully expired and the termination date has passed, you are no longer legally obligated to accept the rent to save the tenancy. You can proceed with the Service NL application to remove them.
What do I do with the tenant’s abandoned belongings?
If a tenant is evicted by the Sheriff, the landlord must safely store any abandoned property for 60 days. The tenant must be allowed to retrieve their items. If 60 days pass, the landlord can apply to Service NL for permission to dispose of or sell the goods.
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