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dispute about who should pay for cleaning or damage, particularly at the end of a
tenancy.
Does the Residential Tenancies Act apply to a verbal rental agreement? The Act
does not apply if the tenant must share a kitchen or bathroom with the
new tenancy is entered into, the landlord and tenant can sign a written agreement,
whether there is a written or oral lease, landlords must provide new tenants
Can a landlord request postdated cheques for rent payments? Paying rent by postdated cheques is convenient, but it is illegal for the landlord to ... If you don't move
or pay the rent, your landlord can request help
Are there residential premises not covered by the Act? There are certain premises
which do not come under the Act, such as accommodations:
where the owner shares bathroom and kitchen facilities with an occupant, as
in a boarding home;
Does the Act apply to business/commercial rental agreements? No, the Act does not
apply to this type of landlord-tenant relationship.
Can a landlord charge a fee for late payment of rent? Yes, the landlord can charge
$5.00 for the first day the rent is late and $2.00 for each additional day the rent is
not paid up to a maximum of $75.00.
Can a landlord charge a fee if a tenant's rent cheque is returned because of nonsufficient funds (N.S.F.) in the tenant's account? If a rent cheque is returned N.S.F., a
landlord may charge a fee not greater than $25.00.
Can a tenant withhold rent because a landlord is not maintaining the premises? No,
not paying the rent may result in the landlord serving a short Termination Notice the
tenant has other options to have a landlord carry out required maintenance work.
The tenant should contact the landlord in writing outlining the maintenance work
required. If the landlord does not then carry out requested maintenance work, or if
any work carried out is not satisfactory the tenant may contact the Division for
assistance.
Can a landlord terminate a rental agreement when the tenant does not pay rent?
Yes, a landlord can give a short Termination Notice when the rent is not paid. Please
refer to our Information on Termination Notices
Can a landlord increase rent by giving a verbal notice to the tenant? No, a landlord
must give the tenant a written notice to increase the rent.
Can a landlord increase rent anytime? A landlord cannot increase the rent during
any fixed term rental agreement or during the first 12 months of a week to week or
month to month rental agreement.
Is a tenant responsible for damages to the residential premises? A tenant is
responsible to repair damages where the tenant or one of the tenant's guests or
visitors caused the damages.
What can a landlord do if a tenant has not repaired damages? A landlord can
request in writing a tenant to repair damages. If the tenant fails to do the repairs
within 3 days, or a reasonable time, if appropriate, then a landlord can give a tenant
a written Termination Notice of not less than 5 days
Can a termination notice be verbal? No, a termination notice must be in writing.
Where can I get a copy of the Residential Tenancies Act? Official copies of the Act
can be purchased for $5.25 (including tax) at our Locations and at the Government
Service Centers. Credit card, debit card, cash, cheque and money order payments
are accepted. Cheques and money orders must be made payable to "Newfoundland
Exchequer". You can order copies by phone using your credit card by calling 1 877
829-2608.
If a landlord gives a tenant a Termination Notice in writing, is the tenant required to
give a written notice of his departure? Yes, all notices of termination by a landlord
will also require a written notice from a tenant when he is leaving, otherwise rent is
payable to effective date of termination.