LANDLORD INFORMATION
What a Landlord should know before accepting a tenant
It is suggested you require a written application from prospective tenants and request information such as, character references, name of employer and income, credit reference, names of all the people who will be living in the rental unit, and date of birth. This application does not enter you into an agreement with the prospective tenant.
When you approve a tenant, collect your first month's rent and security deposit before providing keys to the rental unit. Remember once you have agreed to rent the apartment, you have all the obligations of a landlord. Once you have entered into a rental agreement, you must provide your tenant a copy of the Residential Tenancies Act. You should get an Acknowledgement Receipt for Copy of the Act (PDF: 8 KB) from the tenant. You should also ensure the rental unit is available on the date agreed.
You must provide the tenant with a copy of any Rental Agreement (PDF: 42 KB) signed by you and the tenant within 10 days after signing. The agreement must contain the required information as outlined on the Information on Rental Agreements document (PDF: 86 KB). Remember if there are rules such as "no pets" or "no smoking" it is best to ensure that these rules are part of the Rental Agreement (PDF: 42 KB). The types of rental agreements allowed are weekly, monthly and a term of 6 months to a year.
You should complete a Rental Premises Condition Report (PDF: 55 KB) with the tenants at the beginning of the tenancy. This helps protect you and the tenant in the event of damages to the rental property.
You cannot collect a Security Deposit ( PDF: 68 KB) until you have decided to rent the unit to the applicant. (Note: you may collect up to 3/4 of the first months rent as a security deposit. You can also collect the first month's rent. You cannot collect the first and last month's rent.
What a Landlord should know after accepting a tenant
A landlord must:
- provide the tenant with a written notice of the landlord's name, telephone number and address where documents may be served and if you have an agent responsible for the residential premises, you must provide that person's name, telephone number and address. Immediately notify the tenant in writing of any change in this information during the tenancy;
- provide a written receipt for the rent and security deposit paid. The receipt should show the amount of rent received and for what period, the date it is received, and the address of the rental unit. The landlord is required to keep records of rent and security deposits received from tenants;
- investigate complaints from the tenants of disturbances or repairs as soon as possible and try to resolve the problem;
- not change or alter the lock or locking system during the tenancy without providing the tenant with a copy of the new key;
- do repairs and keep the rental unit in good condition;
- ensure the continual supply of essential services such as heat, water etc.;
- provide and maintain sufficient doors and locks to make a unit reasonably secure, and not enter the rental unit without proper notice of entry, unless it's an emergency;
- allow a tenant to assign or sublet their rental unit unless there is a legitimate reason not to do so;
- give the tenant(s) proper Termination Notice (PDF: 8 KB) to have them vacate the rental unit. You should also get an Acknowledgement Receipt For a Notice of Termination (PDF: 8 KB);
- after the tenant moves out, refund the Security Deposit (PDF: 68 KB) within 15 days after the termination of the rental agreement. When a security deposit is refunded, pay interest on the security deposit for the entire period the landlord had the security deposit. The Rate of Interest (PDF: 84 KB) 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.
A landlord shall not enter the rental unit without the consent of the tenant unless:
- it is an emergency;
- notice of the rental agreement has been given and every reasonable effort has been made to give 4 hours notice that the landlord wishes to show the unit;
- it is at a reasonable time and with at least 24 hours written notice;
- the tenant has abandoned the premises under Section 27 of the Act.
A landlord shall not, without consent of the tenant, disconnect or cause to be disconnected, heat water or electric power services being provided to the premises.
If you have a problem with your tenant you should put your concerns in writing to the tenant. If there are repairs that you require the tenant to complete you should provide the tenant with a Notice to Effect Repairs (PDF: 7 KB). If after a reasonable amount of time the problem is not corrected you should Contact the Government Services Office nearest you for more Information on Notices of Terminations (PDF: 74 KB) and how to Start a Claim (PDF: 86 KB). Government Services (Newfoundland) also recommends you review the information sheet on Completing a Claim Form (PDF: 92 KB). They will then try to mediate your complaint and if that is not successful your claim will go to a Hearing (PDF: 77 KB).