Can a landlord raise the rent for a new tenant?
Short answer
Generally yes. Newfoundland and Labrador has no rent control and the section 16 limits apply within a tenancy, so a new tenant's rent can be set afresh. A new lease with the same tenant counts as the same tenancy (Policy 13-001).
Generally, yes. The limits in section 16 apply to increases within a tenancy: none in the first 12 months of the agreement, none during a fixed term, no more than one in 12 months, and written notice 6 months ahead (8 weeks week to week). Newfoundland and Labrador has no rent control, and nothing in the Act ties a new tenant's rent to what the previous tenant paid. Two cautions from Residential Tenancies Policy 13-001. A new agreement with the same tenant for the same unit is treated as one continuous tenancy, so the first 12 months run from the first agreement. And discounted or promotional rents are contrary to section 16: moving from a promotional rent to the full rent within the first 12 months, or more than once in 12 months after that, counts as a rent increase, so set the rent you intend to charge. One exception in the Act: where tenancies were ended under the group termination rules in section 28 and the landlord did not go on to demolish, change the use or carry out the renovations, the landlord must keep charging the same rent (s.28(10)).
- Where this comes from
- Section 16; Section 28(10); Residential Tenancies Policy 13-001, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed