NL landlord and tenant repairs, maintenance and habitability

Who is responsible for repairs?

Section 10(1) of Newfoundland and Labrador's Residential Tenancies Act, 2018 makes maintenance a statutory condition of every tenancy, even if the agreement is oral. A landlord must maintain premises in good repair and fit for habitation and comply with applicable health, safety and housing laws. This applies even when the tenant knew about a defect before moving in.

The tenant must keep the premises clean and repair damage caused deliberately or negligently by the tenant or someone the tenant permits onto the premises. Ordinary wear, a building-system failure and tenant-caused damage are not automatically the same thing; record the circumstances instead of assigning responsibility by assumption.

How a tenant should request a repair

1. Describe the problem, its location, when it began, and how it affects use or safety. Keep dated photos, video and any inspection or technician report.
2. Send a written request to the landlord through an appropriate service channel. The province publishes a Tenant's Request for Repairs form.
3. Give a realistic opportunity to arrange necessary access; urgent safety issues require prompt attention, while scheduling for ordinary repairs may take longer.
4. Keep the landlord's replies, repair appointments, contractor notes and evidence of continued problems.
5. If the issue is not addressed, contact the Residential Tenancies Office about a dispute application under section 42. An adjudicator may order compliance or compensation under section 47 when justified by the evidence.

Do not simply stop paying rent because repairs are delayed. The province's official landlord-and-tenant FAQ warns that withholding rent is not the ordinary remedy for a maintenance dispute.

When a tenant is accused of causing damage

A landlord can give the tenant a written repair request describing damage alleged to result from a wilful or negligent act. Section 22 provides a notice-to-comply procedure: if the tenant fails to comply within three days or a reasonable time after service, a landlord may be able to serve a notice terminating the tenancy on a date at least five days after service. The statutory requirements and evidence still matter.

Keep an initial and final Rental Premises Condition Report, photos and repair estimates. Neither a damage allegation nor unpaid money allows the landlord to seize the tenant's property as compensation.

Ordinary breach versus uninhabitable premises

Material breach (section 20): where a landlord breaks a material term, a tenant may give written notice of the breach and a reasonable opportunity to remedy it. If it remains unremedied, the tenant may use the specific termination-notice process in section 20. A routine repair delay does not automatically justify ending the tenancy immediately.

Uninhabitable premises (section 21): where the landlord breaches the statutory habitability obligation, the Act provides an immediate-termination notice route for the tenant. This is a serious threshold, not a shortcut for every unresolved maintenance request. If the condition presents immediate danger, address personal safety and seek help promptly while recording the problem.

Use the current official form for the reason invoked, and follow notice content and service rules under sections 34–35.

Evidence checklist before filing

• The agreement, move-in condition report and any earlier requests about the same defect.
• A dated chronology: first report, landlord response, access dates and repair efforts.
• Photos showing scale and location; invoices or contractor findings, if available.
• Proof of sending the repair request or formal notice.
• A clear explanation of the order requested—repair, compliance, eligible compensation or a determination of notice validity.

For examples of actual evidentiary reasoning, search the government's published tenancy decisions. Outcomes depend on the specific facts.

Related NL tenancy guidance