What can a landlord do when a tenant damages the unit?
Short answer
In NL a landlord can serve a notice requiring the tenant to repair damage the tenant caused (s.22(1)); if it is not done, a notice ending the tenancy of at least 5 days may follow. Costs are claimed by application to the Director.
Statutory Condition 2 requires the tenant to keep the premises clean and to repair damage caused by a wilful or negligent act of the tenant or of a person the tenant permits on the premises. Where the tenant does not, the landlord may serve a notice requiring the tenant to comply (s.22(1)); the official form is the Landlord's Request for Repairs. If the tenant has not complied within 3 days after that notice is served, or within a reasonable time, the landlord may give notice ending the tenancy on a date not less than 5 days after it is served (s.22(2); Policy 04-001). Where an act or failure of the tenant makes the premises unfit for habitation, notice can be effective immediately (s.21(2)); Policy 04-001 says to refer the problem to the proper authority, such as a municipal building inspector, first. To recover the cost, the landlord applies to the director for compensation (s.42, s.47(1)(d)) within one year after the tenancy ends. Residential Tenancies expects an itemized claim with receipts or estimates and evidence of the condition at move-in and move-out, does not hold a tenant responsible for normal wear and tear, and reduces the award for the item's age by straight-line depreciation (Policy 09-003). A landlord may keep security deposit money for damage only with the tenant's written agreement or the director's order (s.14(10)), and may not take the tenant's belongings to cover it (s.33).
- Where this comes from
- Section 10, Statutory Condition 2; Section 22; Sections 42 and 47; Residential Tenancies Policies 04-001 and 09-003, Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed
- Official sources
- Landlord's Request for Repairs (official form)Residential Tenancies Policy 04-001 (Landlord's Request for Repairs)Residential Tenancies Policy 09-003 (Compensation for Damages to Rental Premises)Application for Dispute Resolution (official form)Residential Tenancies Act, 2018 (official text)