Landlord Tenant Rules

What is a security deposit?

A security deposit is a sum of money held in trust either as an initial partpayment in a purchasing process.
Must a landlord provide a receipt for a security deposit?
A landlord shall give the tenant a written receipt stating the amount of
the deposit, the date of payment, and the premises to which it applies.
Does a landlord have to pay interest on a security deposit?
Landlords must pay tenants interest on security deposits.
How much can be charged for a security deposit?
A security deposit is a one-time only payment and cannot be more than
one month's rent.
How much time does a landlord have to return a security deposit after the tenant
moves out?
The landlord has 15 days to return a security deposit after the tenant
moves out.
What is a rental agreement?
The Residential Tenancies Act refers to a landlord and tenant relationship
as a rental agreement. The agreement can be oral or written and is a legal
binding contract between the parties. It may be simple and brief, or it may
contain extra conditions or obligations. Any and all changes or additions
to a verbal or written rental agreement should always be noted in writing.
It is important to note that any conditions or obligations in a rental
agreement are not valid if they contravene the Act.
What are the types of rental agreements?
Month-to-month rental agreements do not contain specific time
limits. One-way leases are month-to-month agreements where the
landlord charges a termination fee or waives the deposit if the tenant
moves out before a certain number of months. Fixed-term leases are
rental agreements for a specific period of time.
Must a landlord give a copy of a signed rental agreement to the tenant?

Yes, the landlord shall give the tenant a duplicate copy of the rental
agreement within 10 days after the date of signing by all parties.

Must a landlord give a tenant a copy of the Residential Tenancies Act?

Yes, Under Section 5 and 6 of the Residential Tenancies Act, a landlord has
to provide a copy of the act, without cost, to the tenant, upon entering
into a rental agreement.
What is a Rental Premises Condition Report form?
The Rental Premises Condition Report is completed, signed and dated by
the tenant and landlord to show the condition of the residential premises
at the beginning and end of the rental agreement.
Does the Residential Tenancies Act apply to a verbal rental agreement?
Yes, the Act applies to a verbal rental agreement.
Can a landlord request post-dated cheques for rent payments?
Yes, the landlord can request post-dated cheques.
Are there residential premises not covered by the Act?
There are certain premises which do not come under the Act, such as
accommodations:

where meals and bed linens are provided;

where the owner shares bathroom and kitchen facilities with an
occupant, as in a boarding home;
provided by an educational institution to its students (including
units owned by Memorial University of Newfoundland);
provided by religious, charitable or non-profit organizations;
in a hospital or nursing home;
Occupied on a transient basis provided in a hotel, motel, inn, tourist
home or hostel.

Does the Act apply to business/commercial rental agreements?

No, the Act does not apply to this type of landlord-tenant relationship.
Is a tenant responsible to have insurance on his/her personal belongings?

Yes, a tenant is responsible to carry insurance on his/her personal

belongings. A tenant's personal belongings are not covered by insurance
the landlord may have on the residential premises.
When a rented premises is sold to a new owner, does the rental agreement
continue?
Yes, the Rental Agreement continues as if there was no change in
ownership, however a foreclosure may result in an exception.
What happens to a security deposit when there is a change in ownership?
The new owner will be responsible for the security deposit.
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 for more
details.

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 Services Centres. Credit card, debit
card, cash, cheque and money order payments are accepted.
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.