Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 11

AN ACT RESPECTING

TENANCIES OF

RESIDENTIAL PREMISES

Received and Read the First

Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE ERNEST MCLEAN

Minister of Government Services and Lands

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTE

This Bill would revise the law respecting

tenancies of residential premises.

A BILL

AN ACT RESPECTING TENANCIES OF RESIDENTIAL

PREMISES

Analysis

Short title

Definitions

3. Application of Act

4. Crown bound

5. Provision of rental agreement and

information

6. Types of rental agreement

7. Landlord and tenant relationship

8. Statutory conditions

9. Rent paid in other than money

10. Future rent

11. Rent for fixed term rental agreement

12. Security deposit

13. Fee for failure to pay rent

14. Rental increase

15. Record of tenant's payments

16. Inspection of documents

17. Notice of termination of rental

agreement

18. Notice where failure to pay rent

19. Notice where material breach of

agreement

20. Notice when premises uninhabitable

21. Notice where tenant's obligation not

met

22. Notice where landlord fails to

provide peaceful enjoyment

23. Notice when tenant fails to comply

with peaceful enjoyment

24. Group eviction

25. Termination for invalid purpose

26. Entry by public

27. Abandonment of premises by tenant

28. Abandoned personal property

29. Seizure of property

30. Service of notice

31. Appointment of director

32. Powers of director

33. Liability of director

34. Investigations

35. Application to director

36. Refusal of application

37. Withdrawal of application

38. Investigation and mediation of

application

39. Rules of a hearing

40. Notice of hearing or order

41. Order of the director

42. Authority of director

43. Reconsideration of order

44. Appeal from director's order

45. Offence

46. Regulations

47. Fees and forms

48. Application of this Act

49. RSN 1990 cR-14

Rep.

50. Commencement

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

Short title

1. This Act may be cited as the Residential

Tenancies Act , 2000 .

Definitions

2. In this Act

(a) "director" means the Director of

Residential Tenancies;

(b) "landlord" includes

(

i) an owner,

(ii) a lessor or person who has

authority to enforce the rights given to a landlord by

this Act, and

(iii) a person considered to be a

landlord under

section 3,

and includes that person's heir, assign,

personal representative and successor in title;

(c) "minister" means the minister

appointed under the Executive Council Act to

administer this Act;

(d) "mobile home" means a dwelling unit

used as residential premises and designed to be mobile but

does not include a travel trailer, camper trailer or other

similar trailer;

(e) "mobile home park" means a related

group of mobile homes, and includes the land, a structure, a

service and a facility available for the use and enjoyment

of a tenant;

(f) "rent" means money or other value

paid, or by a rental agreement required to be paid, by a

tenant to a landlord before or during the occupancy of

residential premises for the use or occupation of the

premises and includes

(

i) an amount payable for the use of

furniture contained in the residential premises,

(ii) an amount payable for the cost

of utilities,

(iii) a fee assessed under

section

13, and

(iv) a payment made to a landlord on

the sale of a mobile home including

(

A) a payment for the right to

occupy the land, and

(

B) a fee charged to connect a

mobile home to a service or a facility;

(g) "rental agreement" means a written,

oral or implied agreement, including a lease, between a

landlord and a tenant in which the tenant is granted the

right to use or occupy residential premises on the condition

rent is paid by the tenant to the landlord;

(h) "rental period" means the weekly or

monthly interval for which rent is payable under a rental

agreement;

(i) "residential complex" means

(

i) a building or part of a building

or a related group of buildings in which residential

premises are located, and includes the land, a

structure, a service and a facility available for the

use and enjoyment of a tenant, and

(ii) a mobile home park;

(j) "residential premises" means

(

i) living accommodation that is

rented and is used or intended for use by a tenant as a

residence, and

(ii) land leased by a tenant upon

which the tenant locates a mobile home;

(k) "security deposit" means money or

other value paid, or by a rental agreement required to be

paid, by a tenant to a landlord to be held as security for

the performance of an obligation or a liability of the

tenant; and

(l) "tenant" includes

(

i) a person who is entitled to use

or occupy residential premises under a rental agreement,

(ii) a person considered to be a

tenant under

section 3, and

(iii) a person who enters into a

rental agreement for the purpose of renting the

residential premises for use or occupation by another

person,

and includes that person's heir, assign,

and personal representative.

Application of Act

(1) Notwithstanding another Act or agreement,

declaration, waiver or statement to the contrary, this Act applies

where the relationship of landlord and tenant exists in respect of

residential premises.

(2) Notwithstanding another Act or agreement,

declaration, waiver or statement to the contrary, this Act applies

to residential premises and residential complexes and to rental

agreements, whether made before or after this Act comes into force.

(3) The relationship of landlord and tenant shall

be considered to exist in respect of residential premises where the

tenant

(

a) possesses or occupies residential

premises and has paid or agreed to pay rent to the landlord;

(

b) makes an agreement with the landlord

by which the tenant is granted the right to possess or

occupy residential premises in consideration of the payment

of or the promise to pay rent; or

(

c) has possessed or occupied residential

premises and has paid or agreed to pay rent to the landlord.

(4) This Act does not apply to

(

a) living accommodations occupied on a

transient basis provided in a hotel, motel, inn, tourist

home or hostel, or other similar accommodation;

(

b) living accommodation occupied as a

vacation home for a seasonal or temporary period;

(

c) living accommodation occupied by a

person for penal, correctional, rehabilitative or

therapeutic purposes or for the purpose of receiving care;

(

d) living accommodation provided to

temporarily shelter persons in need;

(

e) living accommodation provided in a

hospital, nursing home or a home established to provide

personal care for the aged;

(

f) living accommodation provided by an

educational institution to its students including housing

units for students owned by Memorial University of

Newfoundland;

(

g) living accommodation provided by a

religious, charitable or non-profit organization for the

purpose for which it is established;

(

h) living accommodation provided by a

cooperative housing corporation to its members or

shareholders who occupy the living accommodation;

(

i) living accommodation attached to

premises occupied for a business purpose where both are

under a single rental agreement, unless the person occupying

the living accommodation is someone other than the person

occupying the premises for business purposes;

(

j) living accommodation

(

i) whose occupant is required to

share a bathroom or kitchen facility with the owner who

lives in the building in which the living accommodation

is located, or

(ii) in which meals or bed linens are

provided;

(

k) a government agency that pays rent on

behalf of a tenant;

(

l) an attornment clause in a mortgage or

other instrument creating a security interest in residential

premises; and

(

m) residential complexes or residential

premises that are exempted from this Act by regulation.

(5) An arrangement, payment or other device, the

purpose of which is to defeat this Act, is against public policy and

void.

Crown bound

(1) The Crown is bound by this Act.

(2) Notwithstanding subsection (1), where

residential premises are owned or administered by or for the

of one of them and the rent for the premises is directly subsidized

to the

(

a) setting of rent based on the tenant's

income;

(

b) subletting of the residential

premises;

(

c) allocation of the residential

premises based on household size; and

(

d) setting of a security deposit under

subsection 12(1).

Provision of rental agreement and information

(1) Upon entering into a rental agreement, the

landlord, shall, without cost to the tenant, provide the tenant with

a copy of this Act, and where requested by the landlord, the tenant

shall sign an acknowledgement of receipt.

(2) Where a landlord and tenant enter into a

written rental agreement, the landlord shall, without cost to the

tenant, provide the tenant with a duplicate copy of the executed

rental agreement within 10 days after it is executed, and where

requested by the landlord the tenant shall sign an acknowledgement

of receipt.

(3) Where the landlord has not provided the

tenant with a duplicate copy of the executed rental agreement under

subsection (2), notwithstanding the provisions of the rental

agreement, the tenant is not required to pay rent for the period of

time from execution of the rental agreement until the landlord

complies with that subsection.

(4) Rent paid by the tenant to the landlord which

the tenant was not required to pay under subsection (3) may be

retained by the landlord.

(5) At the time a landlord and tenant enter into

a rental agreement, the landlord shall, without cost to the tenant,

give the tenant a written notice stating

(

a) the landlord's name, telephone number

and address where documents may be received, delivered or

served by the tenant; and

(

b) if the landlord has an agent

responsible for the residential premises, that person's

name, telephone number and address.

(6) Where a landlord is replaced by a new

landlord, the new landlord shall immediately, without cost to the

tenant, give the tenant a written notice

(

a) containing the information set out in

paragraphs (5)(

a) and (b); and

(

b) stating the amount of the security

deposit held under subsection 12(4) and the interest

credited under subsection 12(5) to the date when the new

landlord took possession of the premises.

(7) A landlord shall, without cost to the tenant,

immediately notify the tenant in writing of a change to the

information under paragraphs (5)(

a) or (b).

(8) Where a landlord is a corporation registered

under the Corporations Act , the notice under subsections

5(5), (6) and (7) shall include the corporation's name as registered

under that Act.

Types of rental agreement

(1) A landlord shall not enter into a rental

agreement unless the premises are rented

(

a) from week to week;

(

b) from month to month; or

(

c) for a fixed term of not less than 6

months and not more than 12 months.

(2) Where residential premises are rented for a

period

(

a) that is less than one week, the

residential premises shall be considered to be rented from

week to week; and

(

b) that is more than one week and less

than 6 months, the residential premises shall be considered

to be rented from month to month.

(3) Where a tenant retains possession of

residential premises after a fixed term under paragraph (1)(

c) has

expired, and notice of termination of the rental agreement

(

a) has not been given, the relationship

of landlord and tenant shall continue under the terms and

conditions in the rental agreement, but the tenancy may be

terminated by giving notice in accordance with paragraph

17(2)(

b) or 17(3)(b); or

(

b) has been given, the relationship of

landlord and tenant shall continue under the terms and

conditions in the rental agreement until the expiration of

the notice period.

Landlord and tenant relationship

(1) A relationship of landlord and tenant may

take effect at law or in equity from the date fixed for commencement

in a rental agreement, without actual entry.

(2) The doctrine of frustration of contract and

the Frustrated Contracts Act apply to the relationship of

landlord and tenant.

(3) A common law rule respecting the effect of

the breach of a material covenant by a party to a contract on the

obligation to perform by the other party applies to the relationship

of landlord and tenant.

(4) Where a relationship of landlord and tenant

exists, a covenant concerning a thing related to the residential

premises is considered to run with the land whether or not the thing

is in existence at the time the relationship commenced.

Statutory conditions

(1) Notwithstanding an agreement, declaration,

waiver or statement to the contrary, where the relationship of

landlord and tenant exists, there shall be considered to be an

agreement between the landlord and tenant that the following

statutory conditions governing the residential premises apply.

1. Obligation of the Landlord

(

a) The Landlord shall

maintain the premises in a good state of repair and fit for

habitation during the tenancy and shall comply with a law

respecting health, safety or housing.

(

b) Paragraph (

a) applies

regardless of whether, when the landlord and tenant entered

into the rental agreement, the tenant had knowledge of a

state of non-repair, unfitness for habitation or

contravention of a law respecting health, safety or housing

in the premises.

2. Obligation of the Tenant

- The tenant shall keep the premises clean, and shall repair damage

caused by a wilful or negligent act of the tenant or of a person

whom the tenant permits on the premises.

3. Subletting Premises

- The tenant may assign, sublet or otherwise part with possession of

the premises subject to the consent of the landlord, and the

landlord shall not arbitrarily or unreasonably withhold consent and

shall not levy a charge in excess of expenses actually incurred by

the landlord in relation to giving consent.

4. Mitigation on Abandonment

- Where the tenant abandons the premises, the landlord shall

mitigate damages that may be caused by the abandonment to the extent

that a party to a contract is required by law to mitigate damages.

5. Entry of Premises -

Except in the case of an emergency, the landlord shall not enter the

premises without the consent of the tenant unless

(

a) notice of termination of

the rental agreement has been given and the entry is at a

reasonable time for the purpose of exhibiting the premises

to a prospective tenant or purchaser and a reasonable effort

has been made to give the tenant at least 4 hours notice;

(

b) the entry is made at a

reasonable time and written notice of the time of the entry

has been given to the tenant at least 24 hours in advance of

the entry; or

(

c) the tenant has abandoned

the premises under

section 27.

6. Entry Doors -

Except by mutual consent, neither the landlord nor the tenant shall,

during the use or occupancy of the premises by the tenant, alter a

lock or locking system on a door that gives entry to the premises.

7. Peaceful Enjoyment

(

a) The tenant shall not

unreasonably interfere with the rights of a landlord or

other tenants in the premises, a common area or the property

of which they form a part.

(

b) The landlord shall not

unreasonably interfere with the tenant's peaceful enjoyment

of the premises, a common area or the property of which they

form a part.

8. Disconnection of Services

- A landlord or tenant shall not, without the written consent of the

other party to the rental agreement, disconnect or cause to be

disconnected heat, water or electric power services being provided

to the premises.

(2) Where a landlord and tenant enter into a written

rental agreement, the conditions set out in subsection (1) shall be

reproduced in the agreement without variation or modification.

Rent paid in other than money

(1) Where rent is payable in part or in whole

in other than money, a landlord shall give to the tenant a written

memorandum, signed by the landlord, specifying the payment in other

than money and valuing in money each item contained in the payment.

(2) For the purpose of complying with subsection

(1) the memorandum may form part of a written rental agreement.

(3) Subsection (1) applies whether rent is

payable in other than money on one or more occasions or on a regular

basis.

(4) Where the landlord fails to value in money

each item contained in the payment under subsection (1), the

director may, upon hearing an application, value each item contained

in the payment.

(5) Where there is not a written memorandum

between the landlord and tenant which provides for payment of rent

in whole or in

part in other than money, the director may, upon

hearing an application, determine whether a verbal agreement exists

between the parties and may value in money each item contained in

the payment.

Future rent

(1) A landlord shall not require a tenant to

make, or accept from a tenant,

(

a) a prepayment of the last week's or

the last month's rent; or

(

b) a single rental payment that is

greater than any other regular rental payment required under

the tenancy agreement.

(2) Notwithstanding subsection (1), a rental

agreement may provide for the delivery of post-dated cheques for the

payment of rent.

Rent for fixed term rental agreement

11. A rental agreement for a fixed term shall

provide for payment of the rent by equal instalments, whether or not

the total amount of rent payable for the term is stated.

Security deposit

(1) Where a landlord obtains from a tenant a

sum of money or other value that is in addition to the rent payable

in respect of the residential premises, the sum of money or value

shall be considered to be a "security deposit".

(2) A landlord shall not demand, or receive from

a tenant a security deposit that is

(

a) more than the amount of rent payable

for the first 2 weeks where the residential premises are

rented from week to week;

(

b) more than 3/4 of the amount of rent

payable for the first month where the residential premises

are rented from month to month; or

(

c) more than 3/4 of the amount of rent

that would be payable for the first month if the rent was

proportioned to a monthly payment where the residential

premises are rented for a fixed term of not less than 6

months and not more than 12 months.

(3) Where a landlord receives a security deposit

that is more than the amount permitted under subsection (2), the

tenant may set off against the rent due the difference between the

amount paid and the amount permitted, together with interest on the

amount of the difference at the rate prescribed in subsection (6).

(4) Upon receipt of a security deposit, the

landlord shall give the tenant a written acknowledgement of receipt

stating the amount of the deposit, the date of receipt, and the

residential premises and residential complex to which it applies.

(5) Within 2 banking days of receipt of a

security deposit, the landlord shall deposit it in an interest

bearing trust account that is used exclusively for security

deposits, and the trust account shall be located in the province in

a financial institution authorized to accept deposits.

(6) A landlord shall credit interest to the

tenant on the full amount or value of the security deposit, at the

rate prescribed by the regulations, during the time the security

deposit is held by the landlord.

(7) A security deposit is not an asset of the

landlord, but is held by the landlord in trust and may be used,

retained or disbursed only as provided in this section.

(8) Not later than 15 days after the tenant

vacates the residential premises, the landlord shall return the

security deposit to the tenant unless the landlord has a claim for

all or a portion of the security deposit.

(9) Where a landlord has a claim for all or a

portion of the security deposit,

(

a) the landlord and tenant may enter

into a written agreement on the disposition of the security

deposit; or

(

b) if there is no agreement under

paragraph (a), the landlord or the tenant may apply to the

director to determine the disposition of the security

deposit.

(10) Where the tenant makes an application under

paragraph (9)(b), the landlord has 10 days from the date the

landlord is served with a copy of the tenant's application, to make

application to the director under paragraph (9)(b).

(11) A landlord who does not make an application

in accordance with subsection (10) shall return the security deposit

to the tenant.

(12) The failure of a landlord to apply under

subsection (10) is not a bar to an application by the landlord under

section 35, other than an application with respect to a claim

against the security deposit.

(13) For the purpose of subsections (7) to (12),

"security deposit" includes the interest credited under subsection

(6).

Fee for failure to pay rent

(1) Where a tenant has not paid the rent for a

rental period within the time specified in the rental agreement, the

landlord may assess a late payment fee in an amount set by the

minister.

(2) Where a cheque for the payment of rent is

returned to a landlord by a financial institution for reason of "not

sufficient funds", the landlord may assess a fee in an amount set by

the minister.

Rental increase

(1) Notwithstanding another Act, agreement,

declaration, waiver or statement to the contrary, a landlord shall

not increase the rent payable by a tenant,

(

a) where the residential premises are

rented for a fixed term, during the term of the rental

agreement;

(

b) where the residential premises are

rented from week to week or month to month,

(

i) more than once in a 12 month

period, and

(ii) notwithstanding subparagraph

(i), during the 12 months immediately following the

commencement of the rental agreement; or

(

c) where the relationship of landlord

and tenant continues under subsection 6(3),

(

i) more than once in a 12 month

period, and

(ii) notwithstanding subparagraph

(i), during the 12 months immediately following the

commencement of the rental agreement for the fixed term.

(2) Where a landlord increases the rent payable

by a tenant, the increase shall be effective on the first day of a

rental period, and the landlord shall give the tenant written notice

of the increase

(

a) not less than 8 weeks before the

effective date of the increase, where the residential

premises are rented week to week; and

(

b) not less than 3 months before the

effective date of the increase, where the residential

premises are rented from month to month.

(3) A notice under subsection (2) shall be signed

by the landlord, identify the residential premises for which the

notice is given, and

(

a) state the effective date of the

increase;

(

b) state the amount of the increase;

(

c) state the rent payable when the

increase becomes effective; and

(

d) be served in accordance with

section

(4) Where a landlord discontinues a service,

privilege, accommodation or thing or a service, privilege,

accommodation or thing is unavailable for a time, and the

discontinuance results in a reduction of the tenant's use and

enjoyment of the residential premises, the value of the discontinued

service, privilege, accommodation or thing is considered to be a

rent increase.

(5) The director may, upon hearing an

application, value a service, privilege, accommodation or thing

discontinued or unavailable for a time under subsection (4).

(6) Notwithstanding subsection (1), where the

landlord and tenant agree in writing, a landlord may increase the

rent payable by a tenant for residential premises without notice

under subsection (2) where the increase is due to the provision of a

service, facility, privilege or thing, including a parking space,

that was not previously provided under the rental agreement.

Record of tenant's payments

15. A landlord shall maintain a complete and

up-to-date record of

(

a) rent and other money received from a

tenant; and

(

b) the receipt and disbursement of a

security deposit and interest under

section 12.

Inspection of documents

16. The director may authorize a person in writing

to enter the premises of a landlord, at a reasonable time, to

determine compliance with this Act, and may authorize a person to

demand the production of and inspect the books, documents,

correspondence and records with respect to rent, a security deposit

or other money received from a tenant.

Notice of termination of rental agreement

(1) Except where a landlord and tenant agree

in writing upon a longer period of notice,

(

a) a tenant shall give the landlord

notice as required under subsection (2) that the rental

agreement is terminated and the tenant is vacating the

residential premises; and

(

b) a landlord shall give the tenant

notice as required under subsection (3) that the rental

agreement is terminated and the tenant is required to vacate

the residential premises.

(2) The notice required to be given by a tenant

under paragraph (1)(

a) is

(

a) not less than 7 days before the end

of a rental period, where the residential premises are

rented from week to week;

(

b) not less than one month before the

end of a rental period where the residential premises are

rented from month to month;

(

c) not less than 2 months before the end

of a fixed term specified in a rental agreement; and

(

d) notwithstanding paragraphs (a), (

b) and (c), not less than one month before the end of a rental

period where the residential premises are a site for a

mobile home.

(3) The notice required to be given by a landlord

under paragraph (1)(

b) is

(

a) not less than 4 weeks before the end

of a rental period, where the residential premises are

rented week to week;

(

b) not less than 3 months before the end

of a rental period, where the residential premises are

rented from month to month;

(

c) not less than 3 months before the end

of a fixed term specified in a rental agreement; and

(

d) notwithstanding paragraphs (a), (

b) and (c), not less than 6 months before the end of a rental

period where the residential premises are a site for a

mobile home.

(4) Notwithstanding paragraph (3)(d), the

director may, upon hearing an application by the tenant, determine

that a 6 month notice period would result in undue hardship for the

tenant, and may make an order extending the notice period.

(5) Where, as a result of ill health, a tenant's

income is reduced, the tenant, and where there are other tenants in

the same residential premises, those other tenants, may, where the

notice period required is longer than one month, terminate the

tenancy by giving one month's notice to the landlord accompanied by

evidence of the tenant's reduction in income.

(6) Where a person who has been providing

financial assistance towards the payment of a tenant's rent is, as a

result of ill health, no longer able to provide that assistance, the

tenant, and where there are other tenants in the same residential

premises, those other tenants, may, where the notice period required

is longer than one month, terminate the tenancy by giving one

month's notice to the landlord accompanied by evidence of the ill

health of the person who had been providing the financial

assistance.

(7) Where, as a result of the ill health of a

family member, a tenant is required to take up residence with that

family member, the tenant, and where there are other tenants in the

same residential premises, those other tenants, may, where the

notice period required is longer than one month, terminate the

tenancy by giving one month's notice to the landlord accompanied by

evidence of the ill health of the family member.

(8) Where a tenant is admitted into a nursing

home or other similar facility as a permanent resident, the tenant,

and where there are other tenants in the same residential premises,

those other tenants, may, where the notice period required is longer

than one month, terminate the tenancy by giving one month's notice

to the landlord accompanied by evidence of the tenant's admission

into the nursing home or other similar facility.

(9) Where a tenant dies, the administrator of the

estate of the tenant, and where there are other tenants in the same

residential premises, those other tenants, may, where the notice

period required is longer than one month, terminate the tenancy by

giving one month's notice to the landlord accompanied by evidence of

the tenant's death.

(10) A notice under this

section shall be in

writing in the form prescribed by the minister and shall

(

a) be signed by the landlord, tenant or

administrator giving the notice;

(

b) identify the residential premises for

which the notice is given;

(

c) be given not later than the first day

of a rental period;

(

d) state the date, which shall be the

last day of a rental period, on which the rental agreement

terminates and the tenant will vacate the premises; and

(

e) be served in accordance with

section

Notice where failure to pay rent

(1) Notwithstanding subsection 17(1),

(

a) where

(

i) residential premises are rented

from month to month,

(ii) a rental agreement is for a

fixed term, or

(iii) residential premises are a site

for a mobile home, and

the rent payable by a tenant is in arrears

for 15 days, the landlord may give the tenant notice that

the rental agreement is terminated and that the tenant is

required to vacate the residential premises on a specified

date not less than 10 days after the notice is served on the

tenant; and

(

b) where the residential premises are

rented from week to week and the rent payable by a tenant is

in arrears for 3 days, the landlord may give the tenant

notice that the rental agreement is terminated and that the

tenant is required to vacate the residential premises on a

specified date not less than 3 days after the notice is

served on the tenant.

(2) Notwithstanding subsection (1), where the

tenant pays the full amount of rent in arrears, including a fee

under

section 13, before the date specified in the notice under

paragraph (1)(

a) or (b), the notice is void and of no effect.

(3) Subsection (2) does not apply where notice is

given to a tenant under paragraph (1)(

a) or (

b) more than twice

within a period of 12 months.

(4) A notice under this

section shall be in

writing in the form prescribed by the minister and shall

(

a) be signed by the landlord;

(

b) identify the residential premises for

which the notice is given;

(

c) state the date on which the rental

agreement terminates and the tenant must vacate the

premises; and

(

d) be served in accordance with

section

Notice where material breach of agreement

(1) Where a landlord commits a material breach

of a rental agreement, the tenant may give the landlord written

notice of the breach, and if the landlord fails to remedy the breach

within a reasonable time after the notice has been served,

notwithstanding subsection 17(1), the tenant may give the landlord

notice as required under subsection (3) that the rental agreement is

terminated and the tenant is vacating the residential premises.

(2) Where a tenant commits a material breach of a

rental agreement, the landlord may give the tenant written notice of

the breach, and if the tenant fails to remedy the breach within a

reasonable time after the notice has been served, notwithstanding

subsection 17(1), the landlord may give the tenant notice as

required under subsection (3) that the rental agreement is

terminated and the tenant is required to vacate the residential

premises.

(3) The notice required to be given under

subsection (1) or (2) is

(

a) not less than one month before the

end of a rental period where

(

i) the residential premises are

rented from month to month,

(ii) the rental agreement is for a

fixed term, or

(iii) the residential premises are a

site for a mobile home; and

(

b) not less than one week before the end

of a rental period where the residential premises are rented

from week to week.

(4) Subsection 17(10) applies to a notice under

this section.

(5) In this section, "material breach of a rental

agreement" includes an activity, work, project or thing that affects

the integrity or value of a tenant's residential premises, or other

residential premises in the residential complex in which the

tenant's premises are located.

Notice when premises uninhabitable

(1) Notwithstanding subsection 17(1), where a

landlord fails to maintain a premises in a state fit for habitation,

the tenant may give the landlord notice that the rental agreement is

terminated and the tenant is vacating the premises effective

immediately.

(2) Notwithstanding subsection 17(1), where an

action of, or a failure to act by, a tenant makes a premises unfit

for habitation, the landlord may give the tenant notice that the

rental agreement is terminated and that the tenant is required to

vacate the premises effective immediately.

(3) A notice under this

section shall be in

writing in the form prescribed by the minister and shall

(

a) be signed by the tenant or the

landlord;

(

b) identify the residential premises for

which notice is given;

(

c) state the date on which the rental

agreement terminates and the tenant intends to vacate the

premises or the date by which the tenant is required to

vacate the premises; and

(

d) be served in accordance with

section

Notice where tenant's obligation not met

(1) Notwithstanding subsection 17(1), where a

tenant fails to comply with statutory condition 2 under subsection

8(1), the landlord may give the tenant written notice requiring the

tenant to comply with the condition.

(2) Where a tenant fails to comply with statutory

condition 2 within 3 days after the notice under subsection (1) has

been served, or within a reasonable time in the circumstances, the

landlord may give the tenant notice that the rental agreement is

terminated and the tenant is required to vacate the residential

premises on a specified date not less than 5 days after the notice

has been served.

(3) A notice under this

section shall be in

writing in the form prescribed by the minister and shall

(

a) be signed by the landlord;

(

b) identify the residential premises for

which the notice is given;

(

c) state the date on which the rental

agreement terminates and the tenant must vacate the

premises; and

(

d) be served in accordance with

section

Notice where landlord fails to provide peaceful

enjoyment

22. ( 1) Notwithstanding subsection 17(1), where a

landlord fails to comply with statutory condition 7(

b) set out in

subsection 8(1), the tenant may give the landlord notice that the

rental agreement is terminated and the tenant is vacating the

residential premises on a specified date not less than 5 days, but

not more than 14 days, after the notice has been served.

(2) A notice under this

section shall be in

writing in the form prescribed by the minister and shall

(

a) be signed by the tenant;

(

b) identify the residential premises for

which the notice is given;

(

c) state the date on which the rental

agreement terminates and the tenant will vacate the

residential premises; and

(

d) be served in accordance with

section

Notice when tenant fails to comply with peaceful

enjoyment

(1) Notwithstanding subsection 17(1), where a

tenant fails to comply with statutory condition 7(

a) set out in

subsection 8(1), the landlord may give the tenant notice that the

rental agreement is terminated and the tenant is required to vacate

the residential premises on a specified date not less than 5 days

after the notice has been served.

(2) A notice under this

section shall be in

writing in the form prescribed by the minister and shall

(

a) be signed by the landlord;

(

b) identify the residential premises for

which the notice is given;

(

c) state the date on which the rental

agreement terminates and the tenant will vacate the

residential premises; and

(

d) be served in accordance with

section

Group eviction

(1) In this

section "group eviction" means

(

a) at or about the same time not fewer

than of the tenants in a residential complex receive from

the landlord a notice of termination of a rental agreement

under subsection 17(1), or a refusal to renew a rental

agreement; or

(

b) the director, having regard to the

circumstances of the case, determines that a primary purpose

of giving a notice of termination of a rental agreement to,

or refusing to renew a rental agreement for, more than one

tenant in a residential complex is to effect a group

eviction as described in paragraph (a).

(2) Notwithstanding an agreement, declaration,

waiver or statement to the contrary, where a residential complex,

other than a mobile home park, has more than 9 residential premises,

or a mobile home park has more than 5 residential premises, a

landlord shall not give a tenant a notice of termination of a rental

agreement under subsection 17(1) or refuse to renew a rental

agreement where the termination or refusal would constitute or

result in a group eviction.

(3) A landlord may refuse to renew a rental

agreement or may give a tenant notice that a rental agreement is

terminated and the tenant is required to vacate the residential

premises where subsection 18(1), 19(2), 21(2), or 23(1) applies.

(4) Where a landlord gives a tenant notice to

terminate the tenancy or refuses to renew a rental agreement such

that the termination or refusal constitutes or results in a group

eviction, the tenant may give a written notice of not less than 10

days to terminate the tenancy and shall be required to pay rent only

up to the date the tenant vacates.

(5) A landlord may give a notice to the tenants

under subsection 17(1) to terminate the tenancy where the landlord

requires possession of the residential premises for the purpose of

(

a) demolition;

(

b) changing the use of the residential

premises to a use other than that of rented residential

premises; or

(

c) making a repair or renovation so

extensive as to require vacant possession of the residential

premises

provided that the landlord has obtained a permit

or authority required for the purpose for which possession is

required under paragraph (a).

(6) Where a landlord does not

(

a) demolish the residential premises;

(

b) change the use of the residential

premises to a use other than that of rented residential

premises; or

(

c) make repairs or renovations to the

residential premises,

the landlord shall continue to charge the same

rent as at the time of termination.

(7) Where a landlord receives an acceptable offer

to purchase a condominium unit converted from rented residential

premises, a tenant, who has resided in the residential premises for

a period of 5 consecutive years or more, has a right of first

refusal to purchase the unit at the price and subject to the terms

and conditions in the offer.

(8) Subsection (7) does not apply when, the offer

to purchase is an offer to purchase more than one unit.

(9) The landlord shall give the tenant referred

to in subsection (8) at least 72 hours notice of the offer to

purchase the unit before accepting the offer.

Termination for invalid purpose

(1) A landlord shall not

(

a) terminate or give notice to terminate

a rental agreement; or

(

b) directly or indirectly coerce,

threaten, intimidate or harass a tenant or a member of the

tenant's family,

in retaliation for, or for the purpose of

deterring the tenant from, making or intervening in a complaint or

application because of a resort by the tenant to a governmental

authority concerning the residential premises or of an attempt by

the tenant to enforce or secure rights.

(2) A tenant who is served with a notice of

termination of a rental agreement may, not later than one month

after receiving the notice, apply to the director for an order

declaring the notice void and of no effect for a reason set out in

subsection (1).

Entry by public

(1) A landlord shall not restrict reasonable

access by a member of the public to rented residential premises for

a reasonable purpose.

(2) A landlord shall not restrict reasonable

access to rented residential premises for the purpose of canvassing

or distributing election material by a candidate for election to the

House of Commons, the House of Assembly, a municipal government, a

school board, or a similar government or board, or a candidate's

representative.

Abandonment of premises by tenant

(1) Where a tenant has abandoned the premises,

the landlord may enter and take possession of the premises.

(2) For the purpose of this Act, a tenant is

considered to have abandoned residential premises where the rental

agreement is not terminated in accordance with this Act or the

agreement.

(3) Before entering residential premises for the

purpose of taking possession under subsection (1), the landlord

shall, not less than 24 hours before entering, post a notice in a

conspicuous place on the premises stating

(

a) the landlord's belief that the tenant

has abandoned the premises;

(

b) the landlord's intention to enter for

the purpose of taking possession unless the tenant notifies

the landlord, before the time set out in the notice, that

the tenant has not abandoned the premises; and

(

c) the day and hour when the entry will

take place.

(4) Where the tenant notifies the landlord under

paragraph 3(

b) that the residential premises have not been

abandoned, the landlord shall not enter the premises.

Abandoned personal property

(1) Where a tenant abandons or vacates

residential premises, subject to an agreement in writing providing

for storage of the tenant's personal property, the landlord shall

remove personal property left on the premises by the tenant and

immediately place it in safe storage.

(2) The property placed in storage under

subsection (1) shall be held in storage for not less than 60 days or

until the tenant takes possession under subsection (5), whichever is

earlier.

(3) A landlord who removes personal property

under subsection (1), shall, at the earliest reasonable opportunity,

(

a) provide the director with an

inventory of the property; and

(

b) if the landlord knows an address for

the tenant, provide the tenant with a copy of the inventory.

(4) Notwithstanding subsection (1), subject to an

agreement in writing providing for storage of the tenant's personal

property, where a tenant abandons or vacates residential premises

and the landlord believes on reasonable grounds that personal

property left on the premises by the tenant

(

a) is of no monetary value;

(

b) is unsanitary or unsafe to store; or

(

c) is such that the sale of the property

would realize an amount that is less than the cost of

removal, storage and sale,

the director may, in writing, authorize the

landlord to dispose of the property in the manner and subject to the

(5) The tenant who left personal property, or the

owner of the property, that is stored under subsection (1) may,

while the property is held in storage, claim and take possession of

the property by paying to the landlord the costs reasonably incurred

by the landlord to remove and store the property.

(6) Where a tenant or owner takes possession of

personal property under subsection (5), the landlord shall notify

the director at the earliest reasonable opportunity.

(7) Where a tenant or owner does not take

possession of property under subsection (5) within the time set out

in subsection (2), the landlord may sell the property subject to

(8) Where property is sold under subsection (7),

the landlord

(

a) may retain from the proceeds of the

sale, the amount

(

i) of the costs reasonably incurred

by the landlord for the removal, storage and sale of the

property, and

(ii) necessary to satisfy an order

made by the director for compensation payable to the

landlord by the tenant; and

(

b) shall, as soon as reasonably

possible, deliver to the director

(

i) the proceeds of the sale, less

the amount retained under paragraph (a), and

(ii) a written statement of account

regarding the sale and distribution of the proceeds.

(9) The director shall hold the proceeds

delivered by the landlord under subparagraph (8)(b)(

i) in trust for

the tenant or owner in an interest bearing trust account in a

financial institution located in the province and authorized to

accept deposits.

(10) Where proceeds held in trust by the director

are not claimed under subsection (11) within one year after the

sale, the director shall remit the proceeds, together with interest

earned, to the Consolidated Revenue Fund.

(11) Where a tenant or a person claims title to

personal property sold under subsection (7), the director or the

Minister of Finance, under subsection (9) or (10), shall, upon

satisfactory proof of the claim, pay the proceeds to that tenant or

person.

Seizure of property

29. A landlord shall not seize a tenant's personal

property for reason of or to compensate for a breach of an

obligation by the tenant, including default in the payment of rent.

Service of notice

(1) A notice or other document under this Act

other than an application under subsection 35(3) may be served by a

tenant on a landlord by

(

a) giving it personally to the landlord;

(

b) giving it to a person 16 years of age

or older who apparently lives with the landlord;

(

c) posting it in a conspicuous place on

the landlord's premises;

(

d) placing it in the landlord's mailbox

or under a door in the landlord's premises;

(

e) sending it to the landlord by

registered mail, express post, prepaid, at an address

(

i) where the rent is payable,

(ii) provided under subsection 5(6),

(iii) where the landlord carries on

business;

(

f) having it delivered to the landlord

by courier service at an address set out in paragraph (e);

(

g) a method authorized by the director.

(2) A notice or other document under this Act

other than an application under subsection 35(3) may be served by a

landlord on a tenant by

(

a) giving it personally to the tenant;

(

b) giving it to a person 16 years of age

or older who apparently lives with the tenant;

(

c) posting it in a conspicuous place on

the tenant's residential premises;

(

d) placing it in the tenant's mailbox or

under a door in the tenant's residential premises;

(

e) sending it to the tenant by

registered mail, express post, prepaid, at an address

(

i) provided by the tenant, or

(ii) where the tenant carries on

business;

(

f) having it delivered to the tenant by

courier service at an address set out in paragraph (e); or

(

g) a method authorized by the director.

(3) Where the landlord is a company, a notice

under subsection (1) may be given personally to a director, manager

or other officer of that company or by leaving it at, or sending it

to the registered office of that company by a method set out in

paragraph (1)(e), (f), or (g).

(4) For the purpose of this section, where a

notice or document is sent by registered mail or express post, it

shall be considered to have been served on the fifth day after

mailing, and the service may be proved by providing evidence that

the notice or document was prepaid and properly addressed and sent.

Appointment of director

(1) The Lieutenant-Governor in Council shall

appoint a director of residential tenancies who shall be responsible

for

(

a) the general administration of this

Act;

(

b) exercising the powers and performing

the duties of the director under this Act; and

(

c) providing information to landlords

and tenants and others respecting rights and obligations

under this Act.

(2) The Lieutenant-Governor in Council may

appoint a deputy director of residential tenancies who, in the

absence or incapacity of the director, shall perform the duties and

exercise the powers of the director.

Powers of director

32. The director may

(

a) on his or her own initiative,

investigate and determine a matter arising under a rental

agreement or this Act; and

(

b) assign the duties, including

mediation and adjudication of disputes, to the staff that

the director may consider appropriate.

Liability of director

33. The director, or a person acting on behalf of

the director, shall not be liable for anything done in good faith in

the course of his or her employment under this Act.

Investigations

(1) The director and other staff authorized by

the minister may at a reasonable time enter residential premises for

the purpose of carrying out an investigation or inspection under

this Act, so long as it is reasonably necessary to determine

compliance with this Act.

(2) A person authorized under subsection (1) to

investigate or inspect shall be referred to as an "investigator".

(3) Where the director believes on reasonable

grounds that a person has contravened this Act or the regulations,

an investigator may, with a warrant issued under subsection (4), at

a reasonable time enter upon the premises and may investigate,

inspect, inquire into and examine the affairs of the person in

respect of whom the investigation or inspection is being made.

(4) A Provincial Court judge or justice of the

peace who is satisfied by information upon oath or affirmation that

there are reasonable grounds for believing that there is on

residential premises anything that there are reasonable grounds to

believe will give evidence with respect to a contravention of this

Act may issue a warrant authorizing an investigator to enter,

inspect and search those premises and to make those enquiries and

copies of books, documents, correspondence and records that are

considered necessary, subject to the conditions that may be

specified in the warrant.

(5) The owner or person in charge of the premises

referred to in this

section and a person found there shall give an

investigator reasonable help to enable the investigator to carry out

his or her duties and functions under this

section and shall provide

the information that the investigator may reasonably require.

Application to director

(1) A landlord or tenant may, within 2 years

after termination of the tenancy, apply to the director to determine

(

a) a question arising under this Act;

(

b) whether a provision of a rental

agreement has been breached; or

(

c) whether a provision of this Act has

been contravened.

(2) An application under subsection (1) shall be

submitted to the director in the form, and accompanied by the fee,

prescribed by the minister.

(3) Upon making an application under subsection

(1), the applicant shall serve the other parties to the matter with

a copy of the application by personal service, registered mail,

courier service or express post.

(4) The director may permit an application to be

served in a manner other than provided for in subsection (3).

Refusal of application

36. Notwithstanding

section 38, the director may

refuse to accept an application under

section 35 or may dismiss an

application at any stage in the proceeding where, in the director's

opinion, the matter is trivial, frivolous, vexatious or has not been

initiated in good faith, and may issue an order to that effect.

Withdrawal of application

37. An applicant may withdraw an application under

section 35 before an order is issued.

Investigation and mediation of application

(1) The director shall review an application

submitted under

section 35 and may, where the director believes it

is warranted, endeavour to mediate a settlement of the matter.

(2) The director has exclusive jurisdiction to

investigate and endeavour to mediate a settlement of the matter

under subsection (1).

(3) A settlement of a matter under subsection (1)

(

a) shall be in writing and signed by the

parties; and

(

b) is not subject to reconsideration or

appeal to the court.

(4) When a settlement agreement entered into by

the parties under subsection (2) is not complied with, the director

may, without holding a hearing, issue an order which, upon being

certified by the director, shall be enforced under

section 41.

(5) Notwithstanding subsection (1), the director

may

(

a) immediately order that a hearing be

held to determine the matter where, in the director's

opinion, the parties are unlikely to settle the matter by

mediation within 14 days after mediation commences;

(

b) without endeavouring to mediate the

matter, and without holding a hearing, make an order under

section 41 where the matter is urgent and involves the

safety or security of a landlord or a tenant; or

(

c) conduct a hearing orally, including

by telephone, or in writing or partly orally and partly in

writing.

Rules of a hearing

(1) The director may

(

a) prescribe rules of procedure and

evidence for a hearing;

(

b) order the type and nature of

information to be provided by a person to the director

before or during a hearing; and

(

c) receive or accept evidence and

information on oath, affirmation, affidavit or otherwise,

whether or not that evidence or information is admissible as

evidence in a court of law.

(2) A person shall provide information as ordered

by the director under paragraph (1)(b).

(3) For the purpose of a hearing,

(

a) the director and staff have the

powers, privileges and immunities that are or may be

conferred on a commissioner under the Public Inquiries

Act ;

(

b) the director and staff are considered

to be an investigating body for the purpose of the

Public Investigations Evidence Act;

(

c) there shall be full right to examine

and cross-examine a witness and to bring forward evidence in

response and reply; and

(

d) section 3 of the Public Inquiries

Act shall apply to a witness.

(4) A person is not bound to appear as a witness

unless the person is paid or is offered the witness fee set by the

minister.

Notice of hearing or order

(1) The director shall notify a landlord and

tenant

(

a) of the time and place of a hearing

respecting them other than as provided under subsection

35(3); and

(

b) of an order of the director

respecting them, by registered mail, express post, courier

or by personal service,

except that in the case where more than 50 tenants

are in the same residential complex, notification may be deposited

in the mail box of each tenant and posted in a conspicuous place in

the residential complex.

(2) The director may, for the purpose of

notification under this section, use the address of a landlord as

provided under subsections 5(5) and (6) and, where the landlord is a

corporation, may apply subsection 30(3).

(3) Where a notice or order referred to in

subsections (1) and (2) is sent by registered mail, it shall be

considered to have been served on the fifth day after mailing.

(4) Where tenants have in writing authorized a

representative to accept notice on their behalf, notification by the

director to that representative is, notwithstanding subsection (1),

sufficient notification to the tenants under this Act.

Order of the director

(1) Upon hearing an application, or where a

hearing is not held under subsection 38(5), the director may make an

order,

(

a) determining the rights and

obligations of the landlord and tenant;

(

b) directing the payment or repayment of

money from the landlord to the tenant or from the tenant to

the landlord;

(

c) requiring the landlord or tenant who

has contravened an obligation of a rental agreement to

comply with or perform the obligation;

(

d) requiring the landlord to compensate

the tenant or the tenant to compensate the landlord for loss

suffered or expense incurred as a result of a contravention

or breach of this Act or the rental agreement;

(

e) directing that the landlord be put

into possession of the residential premises on a specified

date;

(

f) directing the landlord to deliver up

to the tenant possession of property seized in contravention

of the Act or the rental agreement or to compensate the

tenant for the value of the property seized;

(

g) directing the tenant to deliver up to

the landlord possession of property seized in contravention

of the Act or the rental agreement or to compensate the

landlord for the value of the property seized;

(

h) directing the landlord to pay to the

tenant an amount as compensation for inconvenience as a

result of a breach of this Act or the rental agreement, and

authorizing the tenant to set off that amount against a

future rent payment;

(

i) authorizing the tenant to set off, in

the manner specified in the order, money the landlord owes

to the tenant against money the tenant owes to the landlord;

(

j) authorizing the landlord to set off,

in the matter specified in the order, other than the

security deposit where the landlord has not made application

under subsection 12(9), money the tenant owes to the

landlord against money the landlord owes to the tenant;

(

k) directing a tenant to pay the rent or

a specified part of the rent to the director;

(

l) determining the validity of a notice

to terminate the rental agreement;

(

m) determining the disposition of a

security deposit;

(

n) extending the notice period required

under subsection 17(4); and

director considers appropriate, including terms and

conditions to ensure compliance with this Act and the rental

agreement.

(2) An order of the director, under this

section

section 43, upon being certified, may be enforced as, or in the

same manner as, a judgment of the court.

(3) Where an order of the director under this

section or

section 43, whether in whole or in part, requires the

payment of an amount of money that is within the jurisdiction of the

Provincial Court under the Small Claims Act , that order, or

the portion of the order requiring the payment of money, shall by

filing, be entered as a judgment of the Provincial Court and

enforced as a judgment or order of that court.

(4) An order, under paragraphs (1)(e), (

f) and

(

g) shall be directed to the sheriff for enforcement.

Authority of director

42. The director is not disqualified from

conducting a hearing and making an order under

section 41 by reason

of having investigated or endeavoured to mediate the matter under

section 38.

Reconsideration of order

(1) A landlord or tenant may make an

application to the director for reconsideration of an order under

section 41.

(2) An application under subsection (1) shall

(

a) be submitted in the form, and

accompanied by the fee set by minister;

(

b) be filed or postmarked not later than

7 days after service of written notice of the director's

order on the person making the application; and

(

c) specify the reasons for the

application.

(3) Not later than 15 days after submitting an

application under subsection (1), the applicant shall serve each

party to the order with a copy of the application by personal

service, courier or by a form of mail that provides evidence of

receipt of the mail.

(4) After considering an application under

subsection (1), the director may confirm, vary or cancel all or part

of the order made in accordance with

section 41.

(5) The director shall not vary or cancel all or

part of an order under subsection (4) unless each party to the order

first has the opportunity to respond to the application in writing

or at a hearing, in the discretion of the director.

(6) The director may refuse an application for

reconsideration where, in the director's opinion, the matter is

trivial, frivolous, vexatious or has not been initiated in good

faith, and may issue an order to that effect.

Appeal from director's order

(1) An appeal lies to the Trial Division from

an order of the director under

section 41 or 43 on a question of

jurisdiction or law.

(2) An appeal under subsection (1) shall be made

not later than 30 days after service of written notice of the

director's order on the person commencing the appeal or, where there

has been a reconsideration by the director, within 30 days after

service of the reconsideration order.

(3) The practice and procedure under the Rules

of the Supreme Court, 1986 relating to appeals apply to an

appeal made under this section, with the exception of rule 57.03(2).

Offence

(1) A person who contravenes or fails to

comply with this Act or an order under this Act is guilty of an

offence and is liable on

summary conviction to a fine not exceeding

$400, and in default of payment, to imprisonment for a term not

exceeding 4 months.

(2) A conviction under subsection (1) does not

operate as a bar to further prosecution for the continued

contravention or failure to comply with this Act or an order made

under this Act, and the continuance of the contravention or failure

to comply for each day or part of the day constitutes a separate

offence.

Regulations

(1) The Lieutenant-Governor in Council may

make regulations providing for an exemption from this Act or parts

of this Act.

(2) The minister may make regulations

(

a) setting the rate of interest for a

security deposit under subsection 12(5); and

(

b) generally to give effect to the

purpose of this Act.

Fees and forms

47. The minister may approve forms and set fees

and approve expenses for the purpose of this Act.

Application of this Act

(1) Where an adjudicator has begun to

adjudicate on a matter prior to the coming into force of this Act

and has not given a decision with respect to the matter, the Act

repealed by this Act continues to apply to the determination of that

matter.

(2) This Act applies to a rental agreement

entered into before this Act comes into force as well as to a rental

agreement entered into after this Act comes into force.

RSN 1990 cR-14

Rep.

49. The Residential Tenancies Act is repealed.

Commencement

50. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer