Under the Residential Tenancies Act in Newfoundland and Labrador, valid legal reasons to evict a tenant include unpaid rent, causing significant property damage, interfering with peaceful enjoyment, or breaching a material lease term. Landlords can also end a month-to-month lease “without cause” by giving 3 months’ written notice.
Renting out a property is a business, and like any business, conflicts inevitably arise. Sometimes a tenant stops paying rent; other times, they throw loud parties every night, disturbing the entire neighbourhood. However, simply owning the building does not give you the absolute right to kick someone out whenever you feel like it. The law in Newfoundland and Labrador is designed to balance a landlord’s right to protect their investment with a tenant’s right to secure housing.
You cannot evict a tenant simply because you had a personal argument or because you want to raise the rent for a new occupant. To legally force a tenant to leave, you must have a valid reason recognized by the Residential Tenancies Act (RTA). Whether your property is in St. John’s, Corner Brook, or Labrador City, the rules enforced by Service NL are identical. This guide outlines the specific, legally sound reasons for eviction and how to apply them. If your situation is complex, reaching out to a local real estate lawyer from our directory can ensure your paperwork holds up in a hearing.
Valid Grounds for Eviction in Newfoundland and Labrador
The province allows landlords to terminate a lease for “cause” (when the tenant does something wrong) or “without cause” (when the landlord simply wants the property back, provided the lease type allows it).
Reason 1: Non-Payment of Rent (Section 19)
This is the most common reason for eviction. If a tenant fails to pay their rent, you do not have to let them live there for free. However, you must wait until the rent is 5 days late before taking action . Once those 5 days have passed, you can serve a written Notice of Termination giving them a minimum of 10 days to either pay the outstanding balance or move out. If they pay in full before the 10 days are up, the eviction is cancelled.
Reason 2: Interference with Peaceful Enjoyment or Damage (Section 24)
Tenants have a legal obligation to keep the premises reasonably clean and to not disturb the landlord or other tenants. If a tenant is aggressively harassing neighbours, hosting loud, disruptive gatherings late into the night, or intentionally smashing walls and doors, you can act quickly. For severe interference or damage, you can issue a Notice of Termination that requires the tenant to vacate in just 5 days 🚪. You must have solid proof, such as police reports or photographs, if the tenant challenges this.
Reason 3: Material Breach of the Lease (Section 20)
If you have a clear rule in your written lease-such as “no pets allowed” or “no smoking indoors”-and the tenant violates it, this is considered a material breach. First, you must give the tenant a written warning notice giving them 1 month to correct the behaviour (e.g., rehome the unauthorized dog). If they refuse to fix the issue after 1 month, you can then serve a formal Notice of Termination, giving them another 1 month to move out.
Reason 4: Termination Without Cause (Section 18)
Newfoundland and Labrador is somewhat unique in Canada because it allows landlords to evict tenants without giving any specific reason (such as personal use or renovations). However, this only applies to week-to-week or month-to-month leases. If the tenant is on a month-to-month lease, you can issue a “No Cause” termination notice, but you must give them 3 full months of written notice before the end of the rental period.
How Much Does it Cost in Newfoundland and Labrador?
If the tenant refuses to leave after receiving a valid notice, you must file for dispute resolution to get an eviction order. Standard costs in CAD include:
| Type of Expense | Estimated Cost (CAD) |
|---|---|
| Service NL Application Fee (Dispute Resolution) | $20 |
| Sheriff Enforcement (To physically remove tenant) | $100 – $300 |
| Repairing Willful Property Damage | Varies widely (Can sue in Small Claims) |
| Lawyer Representation at Hearing | $500 – $2,000+ |
How Long Does the Process Take?
The timeline depends entirely on the reason for eviction. Evictions for extreme damage or noise can be initiated with just 5 days’ notice. Unpaid rent requires waiting 5 days plus a 10-day notice period. A material breach of the lease takes at least 2 months to process (1 month to fix, 1 month notice). A no-cause eviction requires 3 full months. If the tenant files a counter-claim with Service NL, waiting for a hearing date can add 3 to 6 weeks to any of these timelines.
Frequently Asked Questions (FAQ)
Is it illegal to evict a tenant during the winter in NL?
This is a common myth. There is no “winter ban” on evictions in Newfoundland and Labrador. A landlord can legally evict a tenant in the middle of January for valid reasons, provided they follow the proper legal notice periods.
Can I evict a tenant because they had a baby?
Absolutely not. Evicting someone because they had a child is considered family status discrimination and is highly illegal under the Newfoundland and Labrador Human Rights Act.
Can a tenant dispute my eviction notice?
Yes. If a tenant believes your notice is unfair, retaliatory, or based on false information, they can file an application with the Residential Tenancies Tribunal. You will then have to prove your case to an adjudicator.
What makes the premises “uninhabitable”?
If the rental unit becomes completely unlivable (for example, due to a massive fire, severe flooding, or a municipal health condemnation), the lease can be terminated immediately without the standard waiting periods.
Can I evict them to do major renovations?
Yes, but in Newfoundland and Labrador, this is generally processed as a standard “No Cause” eviction. If they are on a month-to-month lease, you simply give them the standard 3 months’ written notice.
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