Statutory Conditions

Quick Facts
  • If the landlord and tenant enter into a written rental agreement the agreement MUST list all of the Statutory Conditions found in Section 10. (1) of the Residential Tenancies Act exactly as they are written in the Act.
  • A tenant must have permission from the landlord to assign or sublet any part of a rental unit.
  • Except in an emergency a landlord can only enter a rental unit if they provide proper notice to the tenant.
  • Landlords and tenants are prohibited from changing the locks or disconnecting electrical service for the duration of a tenancy.
What You Need to Know

Section 10. (1) of the Residential Tenancies Act contains a list of “Statutory Conditions”. Since there are quite a few statutory conditions, covering different topics, rather than explain them all in detail here we will just discuss each item briefly and link to our Help Topics on the various individual topics.

 

Obligation of the Landlord

Landlords must maintain a rental premises in a good state of repair and fit for habitation, and must comply with any housing, health, and safety laws. There is more information in our Help Topic about Landlord Obligations.

 

Obligation of the Tenant

Tenants must keep their rental units clean, and repair any damage they cause, or that is caused by their guests. More information can be found in our Help Topic on Tenant Obligations.

 

Assigning or Subletting Premises

A tenant must have written permission from the landlord to assign or sublet any part of a rental unit. A landlord cannot unreasonably withhold permission to assign or sublet. We have more information in our Help Topic on Subletting / Subleasing / Assigning.

 

Mitigation on Abandonment

If a rental unit is abandoned by a tenant a landlord is required to minimize their loses as much as possible. A rental unit cannot be considered abandoned unless the tenant has vacated, rent is overdue, and the rental agreement has not been terminated. There is helpful information on this subject in our Help Topic called Abandonment of Rental Unit.

 

Entry of Premises

Except in an emergency a landlord can only enter a rental unit if they provide proper notice to the tenant. The amount and type of notice required depends on the circumstances. More information about this can be found in our Help Topic on Entry of Premises.

 

Entry Doors

The locks on a door providing entry to a rental unit cannot be changed except by mutual consent of the landlord and tenant. There is more information available in our Help Topic about Disconnection of Services / Changing of Locks.

 

Peaceful Enjoyment and Reasonable Privacy

Landlords should not interfere with a tenant’s reasonable privacy or peaceful enjoyment of a rental premises, and tenants should not interfere with the reasonable privacy or peaceful enjoyment of the landlord, or other tenants. We have a Help Topic dedicated to this issue called Peaceful Enjoyment & Reasonable Privacy.

 

Disconnection of Services

Landlords and tenants are prohibited from disconnecting heat, water, or electrical service to a rental unit during the term of a tenancy except by mutual consent. We have more information available in our Help Topic about Disconnection of Services / Changing of Locks.

 

Written Rental Agreements and Written Notices of Oral or Implied Agreements

When a landlord and tenant enter into a written rental agreement the agreement must include these statutory conditions, exactly as written in the Residential Tenancies Act. These conditions are included in the Standard Rental Agreement made available by Service NL. If you write your own rental agreement, it’s important that the statutory conditions be included. More information is available in our Help Topic on Rental Agreements.

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Resources
Fact Sheet – Statutory Conditions (Service NL) (PDF)
A fact sheet from Service NL that explains the basic obligations of landlords and tenants.
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Legislation

Statutory conditions

10. (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 residential 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 residential premises.

2. Obligation of the Tenant - The tenant shall keep the residential 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 residential premises.

3. Assigning or Subletting Residential Premises - The tenant may assign or sublet the residential premises subject to the written 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 residential 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 Residential Premises - Except in the case of an emergency, the landlord shall not enter the residential 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 showing the residential 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 residential premises under section 31.

6. Entry Doors - Except by mutual consent, neither the landlord nor the tenant shall, during the use or occupancy of the residential premises by the tenant, alter a lock or locking system on a door that gives entry to the residential premises.

7. Peaceful Enjoyment and Reasonable Privacy -

(a) The tenant shall not unreasonably interfere with the rights and reasonable privacy of a landlord or other tenants in the residential premises, a common area or the property of which they form a part.

(b) The landlord shall not unreasonably interfere with the tenant's reasonable privacy and peaceful enjoyment of the residential 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 residential premises.

(2) Where a landlord and tenant enter into a written rental agreement, the statutory conditions set out in subsection (1) shall be reproduced in the rental agreement without variation or modification.