Can a landlord end a tenancy to sell the property or to move in?
Short answer
In Newfoundland and Labrador there is no special ground for a sale or for moving in. A landlord uses ordinary section 18 notice (3 months monthly, 4 weeks weekly); a fixed term runs to its end, and a sale alone does not end a tenancy.
The Act has no separate ground for ending a tenancy because the property is being sold or because the landlord or a relative wants to live there, and a sale does not end a tenancy by itself. A landlord who wants the unit vacant uses the ordinary notice under section 18, which needs no reason: not less than 3 months before the end of a rental period for a month-to-month tenancy, 4 weeks for week-to-week, and for a fixed term not less than 3 months before the end of the term, so a fixed term cannot be cut short this way (s.18(2)). The notice must be on the official form and served under section 35. In a residential complex of more than 9 units, notices to 50 percent or more of the units within 3 months are restricted (s.28). If the property is sold with the tenant in place, the buyer becomes the landlord under the existing agreement and must immediately give the tenant written notice of their name, phone number and address for documents, and of the security deposit and interest held (s.7(8)); Residential Tenancies says a sale does not let the new landlord give shorter notice (Policy 03-004). While the property is for sale, the landlord may show it with 24 hours' written notice of the time, or, once notice of termination has been given, after a reasonable effort to give 4 hours' notice (Statutory Condition 5). A notice given in retaliation for a tenant's complaint or application is prohibited (s.29).
- Where this comes from
- Section 18(2); Section 7(8); Section 28; Section 29; Residential Tenancies Policy 03-004, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed