What should a landlord do if a tenant abandons the unit?
Short answer
In NL a unit is abandoned only if the tenant has left, the tenancy was not ended, and rent is overdue. Post a notice at least 24 hours before entering to take possession, and store any belongings for 30 days (s.31, s.32).
First make sure it is abandonment in the Act's sense: the tenant has vacated, the rental agreement has not been ended under the Act or the agreement, and rent is overdue, all three (s.31(2)). Residential Tenancies adds that late rent alone is not enough; the landlord needs reasonable grounds to believe the tenant has left for good, such as returned keys or furniture removed, and a tenant who is in hospital or away on holiday has not abandoned the unit (Policy 06-001). Before entering to take possession, the landlord posts a notice in a conspicuous place on the premises at least 24 hours ahead, stating the belief that the tenant has abandoned it, the intention to enter and take possession unless the tenant says otherwise before the stated time, and the day and hour of entry (s.31(3)); the official form is the Landlord's Notice of Abandonment. If the tenant replies that they have not abandoned it, the landlord shall not enter (s.31(4)). Belongings left behind must be stored for at least 30 days under section 32. The landlord can claim unpaid rent and lost rent by application to the director, but must take reasonable steps to re-rent the unit (Statutory Condition 4); Residential Tenancies awards lost rent only up to the hearing date, and not where the landlord sells or moves in instead of re-renting (Policy 06-003).
- Where this comes from
- Section 31; Section 32; Section 10, Statutory Condition 4; Residential Tenancies Policies 06-001 and 06-003, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed