NL Termination for Material Breach

NL Termination for Material Breach

If you need to terminate tenancy because your tenant has broken the rental agreement or the Residential Tenancies Act, you will first serve this notice of termination before continuing with the eviction process. This notice, however, is not to be used in cases in which a tenant is in arrears on rent.

A Notice of Termination for Material Breach will only be served to the tenant after the landlord has provided the tenant with notice and adequate warning to fix the problem and comply with the tenant agreement. If the tenant has failed to do so by the deadline given in such notice, the Notice of Termination can be served to terminate tenancy.

Who: As a landlord in Newfoundland or Labrador, you will give this notice to any tenant who is in material breach of your tenancy agreement. You may give this termination notice if you have either a written or verbal agreement with the tenant.

What: This Notice of Termination terminates tenancy due to a material breach or violation of either a verbal or written tenancy agreement. It is not given in cases in which a tenant owes rent and/or late fees.

When: Give this Notice of Termination to your tenant who is in material breach of your tenancy agreement or lease after you have given warning and sufficient time for the tenant to correct the breach and come back into compliance with the tenancy agreement.

IMPORTANT: This Notice of Termination is served in accordance with Section 19 of the Residential Tenancies Act. If the tenant is on a monthly or fixed-term tenancy, a minimum of one month’s notice must be given. If the tenant is on a weekly tenancy, then a minimum of one week’s notice must be given. If you fail to give sufficient notice, you will not be within your rights to evict the tenant after the deadline specified in this notice.

Relevant Landlord Resources:

If this document applies to your situation with one or more of your tenants or if you need to terminate tenancy for another reason, these resources may be helpful to you, as well:
• NL Termination Notice for Damage to Premises
• NL Notice to Terminate Without Reason
• Rental Agreement (Province-Specific)

With these documents, you should be able to easily draw up a legal tenancy agreement or begin the eviction proceedings for tenants who are not in material breach but who may be in arrears with rent or otherwise in breach of your tenancy agreement.