1. Residential Tenancies Based on the RTA, 2000 Chapter R-14.1
10/14/2016
Residential Tenancies Based on the RTA, 2000 Chapter R-14.1

2. To protect residential tenants and landlords by providing:
Our Mission
To protect residential tenants and landlords by providing:
information on their rights and obligations under the Residential Tenancies Act; and
effective and efficient dispute resolution services through mediation and adjudication.

3. Organizational Structure
Director
Mount Pearl
2 RTA
3 RTO
Gander
1 RTO
Corner Brook
1 RTA

4. Demand for Service 2017 East Central West Total Telephone Calls 19,944
2,088
5,724
27,756
Applications
907 63
130
1,100
Orders
437 32 67
536
Mediations
128 7 13
148
Dismiss/Withdraw
325 24 46
395
Active 17 4 21
21,758
2,214
5,984
29,956

5. Rental Agreement
Written
Oral
Implied
A Tenant is granted the right to possess or occupy residential premises on the condition that rent is paid to a Landlord

6. RTA Does not Apply Hospitals Tourist establishments Prisons
Temporary shelters
Nursing homes
University and college residences
Co-ops
Boarding houses
Commercial properties
Living accommodations provided by religious, charitable or non-profit organizations

7. RTA Does not Apply
Anyone a tenant allows to occupy the premises and consent has not been obtained from the landlord
Rent to own contracts

8. Types of Tental Agreemetns
Periodic
Week to Week;
Month to Month
Fixed Term
6 to 12 months

9. Security Deposit
Money paid by a tenant and held by the landlord as security against the liability of the tenant
Not rent
Not an asset of the landlord
Not a holding deposit

10. Landlord must provide a receipt if security deposit is paid
Landlord must return security deposit within 15 days after termination of tenancy
No agreement reached regarding disposition; or
Claim filed to apply the security deposit

11. Security Deposit Week to week Month to Month Fixed Term 2 weeks rent
¾ month rent
Fixed Term

12. Statutory Conditions Landlord Tenant
maintain the rental premises in a good state of repair and comply with any laws respecting health, safety or housing.
Tenant
keep the premises clean and repair any damages caused by him/her or anyone they permit on the premises.

13. Statutory Conditions Subletting
Tenant is permitted to sublet or assign the premises with the landlord’s consent
Landlord cannot refuse a sublet or an assignment without a reason and can only charge for expenses incurred in relation to the consent to sublet.

14. Mitigation on Abandonment
Statutory Conditions
Mitigation on Abandonment
Landlord is required to minimize losses that may be incurred by a tenant abandoning the rental unit by seeking to re-rent the property as quickly

15. Statutory Conditions Entry of Premises
Landlord is prohibited from entering the premises without the consent of the tenant unless:
Case of emergency
24 hour written notice, reasonable time of entry time; or
4 hour notice, reasonable time where notice of termination has been given

16. Statutory Conditions Entry Doors Peaceful Enjoyment
Unless a landlord and tenant agree otherwise, the landlord or tenant shall not change the locks on a rental unit.
Peaceful Enjoyment
Tenant shall not interfere with the rights of the landlord or other tenants;
Landlord shall not interfere with the tenant’s peaceful enjoyment of the premises

17. Disconnection of Services
Statutory Conditions
Disconnection of Services
The landlord and tenant shall not, without the consent of the other, cause the heat, water or electrical power to be disconnected to the rental unit.

18. Termination – No Cause Landlord Notice
Week to week
Not less than 4 weeks before the end of the rental period
Month to Month
Not less than 3 months before the end of the rental period
Fixed Term
Not less than 3 months before the end of the fixed term

19. Termination – No Cause Tenant Notice
Week to week
Not less than 7 days before the end of the rental period
Month to Month
Not less than 1 month before the end of the rental period
Fixed Term
Not less than 2 months before the end of the fixed term

20. Termination – Exceptions Tenant Notice
Not less than 1 month to the end of the rental period
Tenant ill health where income is reduced;
Tenant required to live with ill family member;
Tenant is admitted to a nursing home;
Tenant dies

21. Termination - Cause Rental Arrears Material Breach
Notice after 15 days late rent,
Termination not less than 10 days after notice
Material Breach
Notice to remedy the breach within a reasonable time,
Termination not less than one month before the end of the rental period

22. Premises Uninhabitable
Termination - Cause
Premises Uninhabitable
Notice to be effective immediately may be given by either the landlord or tenant (e.g. disconnection of electrical power or water)

23. Termination - Cause Property Damage
Tenant fails to keep the rental premises clean or repair any damage caused by a wilful or negligent act;
Notice to comply within 3 days
Termination not less than 5 days after notice

24. Interference with Peaceful Enjoyment
Termination - Cause
Interference with Peaceful Enjoyment
Tenant Notice
Notice of termination not less than 5 days and not more than 14 days after notice
Landlord Notice
Notice of termination not less than 5 days after notice

25. Termination – Invalid Purpose
Retaliation for the tenant from securing their rights under the RTA
Tenant may apply to the director no later than 1 month after receiving the notice to contest the notice

26. Tenant Request Repairs
Request in writing
Cannot withhold rent
Apply for an order to repair and rent to be paid in trust to the Residential Tenancies
All rent must be paid in full, before an application is accepted

27. Abandoned Property
Landlord cannot seize a tenant’s property for any reason
Landlord must apply to Residential Tenancies Section for authorization to dispose

28. Inventory property left behind
Abandoned Property
Inventory property left behind
Document
Photos
Hold for 60 days
Make application to dispose of property

29. Must be in form prescribed by minister
Notice Requirements
Must be in writing
Must be in form prescribed by minister
All fields in the prescribed form must be filled
Name of person to whom notice is sent
Rental address
Date of termination
Date of Notice Issued
Signature of person giving notice

30. Service Requirements
Giving it personally
Giving it to a person 16 years of age or older
Posting it in a conspicuous place
Placing it in the mailbox or under a door
Sending it by registered mail, express post,
Business
Courier service

31. Service Requirements
Substituted Service
Different address

32. Application for Claim and Notice of Hearing
Dispute Resolution
Application for Claim and Notice of Hearing
Submit completed application
Pay the required fee
Obtain a hearing date
Serve the documents provided
Mediation
Voluntary but Recommended
Attend the hearing and present your case.

33. Dispute Resolution Adjudication Burden of Proof Standard of Proof
In person
Teleconference
Written submission
Burden of Proof
Applicant
Standard of Proof
Balance of Probabilities

34. Dispute Resolution Evidence Subpoena
Video tape, pictures, witnesses testimony, sworn statements, letters (not sworn), and even hearsay evidence
Subpoena

35. Order without Hearing
Threat to the safety or security of a landlord or tenant
Ex-parte
High burden of proof

36. Enforcement of Orders
Certification
Office of the High Sherriff
Small Claim Court

37. Contact Info:
Telephone
Website