A landlord must give notice to the tenant if they want to terminate the rental agreement and require the tenant to vacate the property. The notice period also varies depending on the rental period: 4 weeks’ notice for weekly rentals, 3 months’ notice for monthly rentals, and 3 months’ notice for fixed-term rentals.

If the residential premises is a site for a mobile home, the notice periods are slightly different, the landlord is required to give 6 months’ notice before the end of a rental period.

It is also possible for the landlord and tenant to agree in writing to terminate the rental agreement on a specific date, without requiring a notice period. They can also agree to a longer notice period.

If a landlord gives a tenant notice that the rental agreement is terminated, the tenant can still give the notice to terminate the rental agreement, with the notice period continuing to apply.

The notice must be signed by the person providing the notice, given before the first day of a rental period, and state the date on which the rental agreement terminates and the tenant intends to vacate the property.

Failure to pay rent

If a tenant is renting their home on a weekly basis, the landlord can give notice and ask them to leave if they haven't paid rent for 3 days or more. If the tenant is renting on a monthly basis, the landlord can give notice if rent is overdue for 5 days or more.

However, if the tenant pays the overdue rent before the specified date in the notice, they can stay in their home.

This law also states that a tenant can't receive this notice more than twice in a 12-month period.

If a tenant suffers a loss of income due to the public health emergency declared in the province on March 18, 2020, the period in which they are required to vacate their home is extended for at least 30 days after the notice is given. The tenant must provide written or electronic documentation from their employer or a statutory declaration to prove the loss of income.

The Lieutenant-Governor in Council can extend this period further, but the Crown (government) is not liable for any damages caused by the extension.

Breach of condition

If the tenant does not keep the residential premises clean, and does not repair damage caused by a wilful or negligent act of the tenant or of a person whom the tenant permits on the residential premises, the landlord can give the tenant the notice to comply with the rule.

If the tenant continues to break the rule within 3 days after receiving the notice, or within a reasonable time, the landlord can give them another notice saying that their rental agreement is ending and they need to move out by a specific date that is at least 5 days after the notice is given. The notice must be signed by the landlord, state the date the rental agreement is ending.

Invalid reasons

A landlord cannot punish or threaten a tenant or their family in any way because the tenant has made a complaint or taken legal action about the rental property. The landlord cannot evict the tenant or do anything to make them want to leave because of this.

If a tenant receives a notice of eviction and thinks the landlord is breaking this rule, they can apply to the director (a government official) within one month to ask for a decision that says the rental agreement is still in place and the eviction notice is not valid.

NL Residential Tenancy Act s. 18, 19, 20, 22, 24, 29