If a tenant overstays their eviction date in Newfoundland and Labrador, you cannot legally change the locks yourself. You must take your valid Order of Possession to the Office of the High Sheriff, who will physically remove the tenant. The initial Sheriff deposit is generally around $100 to $200 CAD.
Handling Uncooperative Tenants in Newfoundland and Labrador
Successfully navigating the Residential Tenancies Division (RTD) to get an eviction order takes time and effort. However, a piece of paper does not physically move a person out of your property. If the legal eviction date comes and goes, and your tenant is still living in your property in St. John’s, Corner Brook, or Conception Bay South, you are dealing with an overstaying tenant. This is a highly stressful situation, but it is critical that landlords follow the strict legal procedure to reclaim their unit.
Under no circumstances should a landlord take the law into their own hands. 🚫 In Newfoundland and Labrador, a “self-help” eviction-where a landlord changes the locks, turns off the electricity or heat, or physically removes the tenant’s belongings-is an offence under the Residential Tenancies Act. If you perform an illegal lockout, the tenant can sue you for significant financial damages, and the RTD may fine you heavily. You must rely on the legal enforcement system to do the heavy lifting.
To safely and legally remove a tenant who refuses to leave, you must utilize the Office of the High Sheriff. The Sheriff’s office holds the exclusive legal authority to physically execute an Order of Possession. Because the paperwork to transition an RTD order into an enforceable Supreme Court judgment can be tedious, many landlords choose to hire a local law firm to handle the filing and coordinate with the Sheriff on their behalf.
Step-by-Step Process in Newfoundland and Labrador
Evicting an uncooperative tenant is a formal process that requires coordinating with both the courts and law enforcement. Here is the step-by-step process you must follow to legally regain possession of your rental unit.
Step 1: Obtain a Certified Order of Possession
First, you must have completed your hearing with the Residential Tenancies Division and received a formal Order of Possession. 📄 This document explicitly states the date and time by which the tenant must vacate the premises. You cannot proceed to the next steps until this specific deadline has officially passed and the tenant is confirmed to still be occupying the property.
Step 2: Wait for the Appeal Period to Expire
Even after the eviction date passes, you must generally wait for the standard 10-day appeal period to expire. Tenants have 10 days from the date they receive the RTD order to appeal the decision to the Supreme Court. The Sheriff will usually not act on an order if the appeal period is still active, or if the tenant has successfully filed for a Stay of Proceedings.
Step 3: Register the Order with the Supreme Court
An RTD order cannot be directly enforced by the Sheriff; it must first be transformed into a court order. You must take your certified Order of Possession to the Supreme Court of Newfoundland and Labrador and register it. The court clerk will process the document and issue an official Enforcement Order. This step gives the Sheriff the legal backing required to use physical force if necessary.
Step 4: Instruct the Office of the High Sheriff
With your Supreme Court order in hand, you will go to the Office of the High Sheriff. 📝 You will fill out an instruction letter directing them to execute the eviction and pay the required deposit. The Sheriff will then schedule a date for the eviction. They will typically serve the tenant with a final 24-to-48-hour notice, warning them of the exact date the Sheriff will return to physically secure the property.
Step 5: The Physical Eviction and Lock Change
On the scheduled eviction day, a Sheriff’s officer will attend the property. You (or your property manager) must also be present, ideally with a hired locksmith. The Sheriff will ensure the tenant leaves the unit peacefully and safely. Once the Sheriff declares the property clear, the locksmith will change the locks. You are now legally back in possession of your rental unit.
How Much Does it Cost in Newfoundland and Labrador?
Enforcing an eviction costs money upfront, though these costs can eventually be added to the total amount the tenant owes you. 💰 Here is a breakdown of the estimated enforcement costs in CAD:
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Supreme Court Registration Fee | $30 – $50 |
| Sheriff’s Initial Deposit | $100 – $200 (applied to hourly rates) |
| Locksmith Services | $100 – $250 |
| Lawyer Fees (Coordination & Filing) | $500 – $1,500 |
How Long Does the Process Take?
The entire process of removing a stubborn tenant requires patience. Once the eviction date on your RTD order passes, factoring in the 10-day appeal period, registering with the court, and waiting for the Sheriff’s schedule, it generally takes an additional 2 to 4 weeks before the physical eviction occurs.
Frequently Asked Questions (FAQ)
Can I call the local police to remove the tenant?
No. The Royal Newfoundland Constabulary (RNC) or the RCMP will not assist with a civil eviction. They consider it a tenancy dispute. Only the Office of the High Sheriff has the civil authority to execute an Order of Possession.
What do I do if the tenant leaves all their furniture behind?
You cannot immediately throw their belongings in the garbage. Under Newfoundland and Labrador law, you must safely store abandoned property for a specific period (usually 60 days) and follow RTD procedures before selling or disposing of it.
Can I turn off the water or heat to force them to leave?
Absolutely not. Withholding vital services like water, heat, or electricity is an offence under the Residential Tenancies Act. It can result in severe financial penalties against you, even if the tenant is severely behind on rent.
Who pays for the Sheriff and the locksmith?
The landlord must pay these fees upfront to get the job done. However, you can keep your receipts and apply to add these enforcement costs to the tenant’s outstanding legal debt, which you can later try to garnish from their wages.
Do I need a lawyer for the Sheriff process?
While not mandatory, many landlords hire a law firm or paralegal service. Making a paperwork error at the Supreme Court can cause significant delays, and a lawyer ensures the process moves as quickly and legally as possible.
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