Is a verbal (oral) rental agreement valid?
Short answer
Yes. In Newfoundland and Labrador a rental agreement can be written, oral or implied (s.2(h)), but for an oral one the landlord must give written notice of its terms within 10 days; until then rent is suspended, not forgiven (s.7).
Yes. The Act defines a rental agreement as a written, oral or implied agreement (s.2(h)), and it applies wherever the relationship of landlord and tenant exists, for example where a tenant occupies the premises and has paid or agreed to pay rent (s.3). The statutory conditions in section 10 apply to an oral agreement like any other. But the landlord still has paperwork to do: within 10 days after entering into an oral or implied agreement, the landlord must give the tenant a written notice containing the information prescribed in the regulations (s.7(3)), and at the start, a copy of the Act and regulations and written notice of the landlord's name, phone number and address for documents (s.7(1), (7)). Residential Tenancies Policy 02-008 lists the prescribed information, including the names of the parties, the address of the unit, the start date, the type of tenancy, the rent and when it is due, the security deposit and the statutory conditions. Until the written notice is given, the tenant's obligation to pay rent is suspended (s.7(4)); the withheld rent becomes payable once the landlord complies (s.7(5)). In a dispute, the terms of an oral agreement are also harder to prove.
- Where this comes from
- Section 2(h); Section 3; Section 7(1), (3)–(5), (7), Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed