Under the Residential Tenancies Act of Newfoundland and Labrador, if a tenant engages in illegal activities or seriously compromises the safety of others, a landlord can serve an urgent 5-day Notice of Termination. If the tenant refuses to leave, you must apply to the Residential Tenancies Division to legally force them out.
Renting out a property is generally a rewarding investment, but discovering that a tenant is using your unit for illegal activities is a landlord’s worst nightmare. Whether it involves illicit drug manufacturing, extreme property damage, or running an unauthorized business that threatens community safety, these situations demand immediate attention. In Newfoundland and Labrador, landlords have specific legal tools designed to fast-track the removal of dangerous occupants while staying on the right side of the law.
However, no matter how frustrated or scared you are, you must not take the law into your own hands. Changing the locks, turning off the electricity, or physically removing the tenant’s belongings yourself is strictly illegal. Doing so can result in heavy fines against you and could completely derail your legal case. Instead, you must follow the formal eviction procedure established by the provincial government.
Step-by-Step Process in Newfoundland and Labrador
Whether your rental property is located in St. John’s, Corner Brook, or Grand Falls-Windsor, the process for terminating a lease due to illegal activity is governed by the provincial Residential Tenancies Act. Most landlords work through these essential steps to reclaim their property safely.
Step 1: Verify the Illegal Activity or Safety Threat
Before serving any legal notices, you must be absolutely certain that the activity qualifies under the law. 🔍 The Residential Tenancies Act allows for an expedited eviction if the tenant’s behaviour significantly interferes with the safety or peaceful enjoyment of the landlord or other tenants. Gather solid evidence, such as police reports, written complaints from neighbours, or photographs of severe, intentional property damage. Hearsay is rarely enough to win a case at a hearing.
Step 2: Serve the Official 5-Day Notice of Termination
Unlike a standard eviction for unpaid rent or the end of a lease term, safety threats allow you to use a much shorter timeline. You must complete and serve an official Notice of Termination (Section 24) to the tenant. This notice legally demands that the tenant vacate the premises no less than 5 days from the date it is served. It must be delivered directly to the tenant or posted clearly on their door if they are actively avoiding you.
Step 3: Apply for Dispute Resolution
If the 5-day deadline passes and the tenant is still occupying the unit, you cannot physically throw them out. You must immediately file an Application for Dispute Resolution with the Residential Tenancies Division (Service NL). This application formally asks an adjudicator to grant an Order of Possession. You will be scheduled for a hearing where you will present your police reports and evidence.
Step 4: Enforce the Order with the Sheriff’s Office
If the adjudicator rules in your favour, they will issue a formal Order of Possession. Even with this document, you still cannot personally evict the tenant. You must take the Order to the High Sheriff’s Office of Newfoundland and Labrador. The Sheriff’s deputies are the only individuals legally authorized to physically remove a tenant and their belongings from a rental property.
How Much Does it Cost in Newfoundland and Labrador?
Evicting a tenant involves several government fees, and costs can escalate if the tenant causes extensive damage before leaving.
- Application for Dispute Resolution: Filing your case with the Residential Tenancies Division requires a standard fee of $20 CAD.
- Sheriff Enforcement Fees: If the tenant refuses to leave after the order is granted, hiring the Sheriff to execute the eviction generally costs between $100 and $300 CAD, plus potential hourly rates for deputies if it is a complex removal.
- Lawyer or Paralegal Fees: While many landlords self-represent, hiring a legal representative to manage a hostile eviction can cost between $500 and $1,500+ CAD.
| Reason for Eviction | Required Notice Period | Governing Authority |
|---|---|---|
| Standard Non-Payment of Rent | 10 Days (once rent is 5 days late) | Residential Tenancies Division |
| Illegal Activity / Safety Threat | 5 Days minimum | Residential Tenancies Division |
| Physical Removal of Tenant | After Order is granted | High Sheriff’s Office |
How Long Does the Process Take?
While the initial notice period is only 5 days, the actual physical eviction takes much longer. 🕑 Getting a hearing date with the Residential Tenancies Division can take two to four weeks. Once the Order of Possession is granted, coordinating with the Sheriff’s Office may add another one to three weeks to the timeline, depending on their current backlog.
Frequently Asked Questions (FAQ)
What constitutes an “illegal activity” under the Act?
In Newfoundland and Labrador, this typically includes criminal offences committed on the property that endanger others, such as selling drugs, operating an illegal business, or violent behaviour towards neighbours or the landlord.
Should I call the police before serving the notice?
Yes. If you suspect active criminal behaviour or feel unsafe, you should immediately contact the Royal Newfoundland Constabulary (RNC) or the RCMP. An official police report is the strongest piece of evidence you can bring to your tenancy hearing.
Can I shut off the utilities to force them out?
Absolutely not. Cutting off heat, water, or electricity is considered an illegal lockout under the Residential Tenancies Act. The adjudicator may heavily fine you and potentially dismiss your eviction application.
Do I have to return their damage deposit?
If the tenant has caused damage to the property or owes unpaid rent, you can file an application to keep the security deposit. You must apply to the Residential Tenancies Division within 10 days of the tenant vacating to legally retain the funds.
What if the tenant appeals the adjudicator’s decision?
A tenant has the right to appeal a Residential Tenancies order to the Supreme Court of Newfoundland and Labrador, but they must usually do so within a strict timeframe and only on a question of law or jurisdiction, not just because they dislike the outcome.
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