Landlord Tenant Rules

Alina Wutke
1. What is a security deposit?
A security deposit is a sum of money or other value given to
the landlord, that is in addition to the rent paid in respect of
the residential premises, and cannot be more than one half
of the months rent.
2. 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. The security deposit is not an
asset of the landlord, but must be held by the landlord.
3. Does a landlord have to pay interest on a security
deposit?
Yes, a landlord shall also pay interest on the security deposit
for the time the landlord has had the security deposit. The
Rate of Interest is set by the Security Deposit Interest
Regulations. You may use the Security Deposit Interest Rate
Calculator to assist in determining interest on your security
deposit.
4. How much can be charged for a security deposit?
The amount depends on the type of rental agreement:
if the property is rented from week to week, the deposit
cannot be greater than the first two weeks rent;
for a monthly rental agreement, it must not exceed threequarters of the first months rent;
where the premises are rented for a fixed term of 6 to 12
months, the deposit cannot exceed three-quarters of the first

months rent if the rent was proportioned to a monthly

payment.
5. How much time does a landlord have to return a security
deposit after the tenant moves out?
The landlord should return the security deposit to the tenant
within 15 days after the tenant vacates, unless the landlord
has a claim for all or a portion of the security deposit. A
landlord can keep a security deposit with the tenant's
Written Permission. When a landlord and tenant disagree on
the status of the security deposit, then either people should
contact our office to Start a Claim to determine the
disposition of the money.
6. What is a rental agreement?
A landlord and tenant relationship is a rental agreement. The
agreement can be oral or written and is a legal binding
contract between the people. 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 dont follow the Act.
7. What are the types of rental agreements?
There are three types of rental agreements:
week-to-week;
month-to-month;
a fixed term of not less than 6 months and not more than
12 months.
The type of rental agreement will determine when the rent is
due and the minimum notice of termination to be given by
the landlord or tenant.

8. Must a landlord give a copy of a signed rental agreement

to the tenant?
Yes, the landlord needs to give the tenant a duplicate copy of
the Rental Agreement within 10 days after the date of
signing by all involved people. If the landlord fails to do so,
the tenant is not obligated to pay rent until the tenant
receives a copy of the rental agreement. But any rent
already paid may be kept by the landlord.
9. Must a landlord give a tenant a copy of the Residential
Tenancies Act?
Yes, a landlord has to provide a copy of the Act, without cost,
to the tenant, upon entering into a rental agreement.
10. 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. Both landlords and tenants find that an
inspection report is in their best interests. A tenant can use it
to show there were damages before the tenant moved in. A
landlord can use it to show damages which were not there
before the tenant moved in. The premises should be vacant
during an incoming and outgoing inspection, unless the
landlord and tenant agree otherwise. The landlord and
tenant should inspect the premises together and write down
any damages such as holes, scratches and burns. The
landlord and tenant should sign and keep a copy of the
report. If a landlord or tenant does not want to participate in
an inspection report, the landlord or tenant should complete
the inspection report, preferably with a witness, and provide
a copy to the other person/people. Many landlords and
tenants take pictures of the conditions in the unit or
videotape them at the start and at the end of the tenancy.

11. Does the Residential Tenancies Act apply to a verbal

rental agreement?
Yes, the Act applies to a verbal rental agreement.
12. Can a landlord request postdated cheques for rent
payments?
Yes, the landlord can request postdated cheques.
13. 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;
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.
14. Does the Act apply to business/commercial rental
agreements?
No, the Act does not apply to this type of landlord-tenant
relationship.
15. 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.

16. When a rented premises is sold to a new owner, does the

rental agreement continue?
Yes, the Rental Agreement (written or verbal) continues as if
there was no change in ownership, but a foreclosure may
result in an exception.
17. What happens to a security deposit when there is a
change in ownership?
The new owner will be responsible for the security deposit.
18. 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.
19. Can a landlord charge a fee if a tenant's rent cheque is
returned because of non-sufficient funds in the tenant's
account?
If a rent cheque is returned due to non-sufficient funds, a
landlord may charge a fee not greater than $25.00.
20. 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.

21. 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.
22. 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.
23. Can a landlord increase rent anytime?
No, 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.
24. Is a tenant responsible for damages to the residential
premises?
A tenant is responsible to repair damages where the tenant
or one of their guests or visitors caused the damages.
25. 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, then a landlord can give a tenant a written
Termination Notice of not less than 5 days.
26. Can a termination notice be verbal?
No, a termination notice must be in writing.
27. Where can I get a copy of the Residential Tenancies Act?

Official copies of the Act can be purchased for $5.25 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.
28. 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 or she is leaving,
otherwise rent is payable to effective date of termination.