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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER L-26

AN ACT RESPECTING THE PROTECTION OF LODGERS' GOODS

Analysis

1. Short title

2. Definition

3. Distress for rent

4. Inventory

5. Illegal distress

6. Valid payment


Short title

1. This Act may be cited as the Lodgers' Goods Protection Act.

RSN1970 c221 s1

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Definition

2. In this Act "landlord" includes a person employed by the landlord.

RSN1990 cL-26 s2

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Distress for rent

3. (1) Where a landlord distrains the chattels of a lodger for arrears of rent due to the landlord by a tenant, the lodger may give the landlord a written declaration setting out

(a) that the tenant has no beneficial interest in the chattels;

(b) that the chattels are the property or in the lawful possession of the lodger; and

(c) what rent is due and for what period from the lodger to the tenant.

(2) The lodger may pay the landlord the rent due or as much of it as is sufficient to discharge the claim of the landlord.

RSN1970 c221 s2

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Inventory

4. (1) There shall be annexed to the declaration referred to in section 3 a correct inventory, signed by the lodger, of the furniture, goods and chattels referred to in the declaration.

(2) Where a lodger makes or signs the declaration and inventory, knowing either to be untrue, the lodger is guilty of an offence.

RSN1970 c221 s3

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Illegal distress

5. (1) Where a landlord, after being served with the declaration and inventory, and after the lodger has paid or tendered to the landlord, the rent which the lodger is authorized to pay, levies or proceeds with a distress on the furniture, goods or chattels of the lodger, the landlord shall be considered guilty of an illegal distress.

(2) The lodger may apply to a Provincial Court judge for an order for the restoration to him or her of the goods.

(3) The Provincial Court judge shall inquire into the truth of the declaration and inventory, and shall make an order for the recovery of the goods or otherwise as seems just, and the landlord shall also be liable to an action at law, at the suit of the lodger, in which action the truth of the declaration and inventory may be inquired into.

RSN1970 c221 s4; 1979 c38 s7

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Valid payment

6. A payment made by a lodger under section 3 of this Act shall be considered a valid payment on account of rent due by the lodger to the tenant.

RSN1970 c221 s5

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