Department of Justice is responsible for the Residential Tenancies Act
Nunavut Housing Corporation is responsible for public and government staff housing on behalf of the Government of Nunavut
Properties that are rented for residential living purposes: houses, mobile homes, apartments and rooms located in boarding or lodging houses.
Exclusions: Hotels, motels, homes for tourism, hostels and temporary shelters; co-op housing (unless the renter is not a co-op member); living quarters attached to a rented commercial space and rented to the tenant under a single tenancy agreement covering the commercial space and personal living quarters; living accommodation occupied by a person for a correctional, penal, therapeutic, or rehabilitative purpose or for receiving treatment of some kind.
Special Rules Apply to Certain Premises:
Periodic (week-to-week or month-to-month) leases are permitted, as well as fixed term (tenancy ends on a specified date).
No. A lease agreement can be written, verbal or even implied. A written tenancy agreement is ideal, but it is not required by law. A majority of landlords use written rental agreements.
Yes, but only in the event that the landlord requests a security deposit from the tenant. When a security deposit is requested, the landlord and tenant sign an inspection report at the beginning of the tenancy together.
A deposit cannot exceed the amount of one month’s rent, unless the property is being rented on a week-to-week basis, in which case the total amount cannot exceed the total for one week’s rent. Landlords that rent out subsidized housing may use the true market value of the rent when calculating the security deposit.
If the tenancy is for more than a week-to-week period, the tenant may pay half the security deposit when moving in and the rest within a period of three months but not more. The landlord is required to return the security deposit to the tenant with interest, within a period of ten days after the tenant leaves the rental property. The rate on security deposit interest is calculated at a rate equal to that of the chartered bank deposit rate on deposit receipts for 30 days, as determined and published by the Bank of Canada in the Bank of Canada Review. This interest rate starts to take effect on the first day of January in the year that the interest beings to accumulate. Landlords are legally obligated to give the tenant an itemized statement of their account for any part of the deposit they wish to keep.
A landlord is able to retain all or part of the deposit collected from the tenant for rent arrears as well as paying for damage to the property.
It is illegal for a landlord to require a tenant to pay key money. Any other type of deposit other than a security deposit is completely prohibited.
Landlords have the right to request post-dated cheques, but tenants are not obligated to comply with the request.
When a tenancy agreement comes to an end on a specific date, and if a new year-to-year tenancy agreement or notice to terminate was not provided to either party, the landlord and tenant must renew the tenancy agreement on the date specified in the lease as a month-to-month tenancy.
Exceptions: The Residential Tenancy Act does not apply to Nunavut Housing Corporation Subsidized Public Housing and Staff Housing lease renewals, sublets and assignments, or increases in rent. To live in public housing, tenants must still be eligible for such benefits and for staff housing, tenants must remain employed by the owner of the rental unit.
A term tenancy agreement is automatically renewed on the expiration date as a month-to-month tenancy unless:
Before the lease can be terminated, it is the responsibility of both the tenant and landlord to re-negotiate the terms or terminate the lease altogether. Landlords can only terminate a tenancy for specific reasons as laid out by the legislation and cannot terminate simply because the fixed term lease has expired. When a fixed term type tenancy turns into a month-to-month term, the landlord is not able to force a tenant to sign another lease or agree to another fixed term agreement. When a lease is renewed, unless another arrangement is agreed upon, other than the new term of the lease, all of the other conditions in it remain the same.
A notice of termination from the landlord or tenant has to follow these requirements:
If the notice does not follow all of the above listed requirements, or it is not served in the proper way, it is completely invalid and the tenancy stands.
In addition, a landlord can end a periodic tenancy in the event that:
Termination of a fixed-term agreement by a tenant must be done no later than 30 days before the end of the term. With regards to a periodic tenancy agreement (one that does not specify a termination date), the following cases can be applied:
Tenants are able to sublet their rental property if the landlord approves. If the landlord refuses to give consent for the sublet, the tenant can appeal to the Rental Officer and may obtain permission to sublet the unit to someone else. When tenants sublet the unit they are renting, they are still responsible for payment of rent and any violations of the lease agreement committed by the sub-tenant. For assignments, tenants have to get the approval of the landlord but cannot appeal to the Rental Officer. When a tenancy is assigned, the former tenant transfer all of their rights and duties to the new tenant.
A landlord cannot change the terms of the sub-lease but can charge up to $50.00 for expenses incurred as a result of granting consent for a sublease or assignment. If the landlord consents to the assignment or sublease, it must be put in writing.
All agreements must be signed by the tenant and sub-tenant and attached to a copy of the lease. Tenants that are renting Public Housing and Staff Housing units are not allowed to sublet or assign their units.
A landlord cannot legally increase the rent for a rental property more than once every 12 months. The landlord has to be given a minimum of three months written notice of the increase. On the day before the increase is set to go into effect, a tenant who receives a proper notice of a rent increase may treat the notice as a termination of the lease agreement. Tenants that wish to terminate the agreement have to inform the landlord in writing, notifying them of their decision to move. The landlord may rent the premises to others, but they are required to keep the rent for the new tenant at the same level stated in the notice. The Nunavut Housing Corporation is the exception to this rule, as notification of a rent increase is not needed for Public Housing Units.
A tenant who pays his or her rent later than the date that is specified in the lease agreement faces financial penalties. The penalty is calculated for each individual day that the rent is late by multiplying the rent due by the chartered bank deposit rate on deposit receipts for 30 days, as determined and published by the Bank of Canada, going into effect on the first day of January in the year that the late payment is calculated and dividing by 365.
If the tenant refuses to leave after being properly served a termination notice or an order to vacate, the landlord is required to obtain an eviction order from the Rental Officer and register with the Nunavut Supreme Court. Applications for eviction order are required to be served to the other party at least five days prior to the date that the hearing is scheduled for. Both parties involved should have a lawyer present at the hearing. If an eviction order is granted, a “writ of possession” from the Supreme Court Clerk is also required. The landlord delivers the Order of Eviction as well as the Writ to the Sheriff’s office. The sheriff must make a reasonable demand to enter the rental property of the tenant being evicted. If the tenant refuses to comply with the sheriff, the sheriff has the right to forcibly enter the premises. Resisting the sheriff in this case could result in criminal charges being filed.
Landlords have the right to enter the rental premises between the hours of 8 a.m. and 8 p.m. A landlord must give the tenant written notice of their intent to enter the property 24 hours before the time of entry, detailing in the notice the time they will be entering and the purpose for it.
A tenant has the right to specify alternative days and hours that are more convenient for them under the circumstances.
A landlord has the right to enter the premises to:
A landlord has the right to enter the tenant’s rental unit without giving notice when:
No. The tenant is required to file an application to forward the rent to the Rental Officer, who will hold it until the dispute is resolved.
Locks to a rental property can only be changed when both parties (landlord and tenant) agree to it. A landlord and tenant cannot change the locks on any entrance to the residential area of the complex in an effort to inhibit or interfere with the other’s access to the complex.
With regards to public housing units, landlords cannot refuse to rent a unit to a tenant who is bringing a pet with them. For private rentals, however, a landlord can refuse to rent to a tenant with pets. If pets are allowed in the lease agreement, or if the lease does not address the issue, pets are permitted in the unit.
Yes, but only if a no smoking/no pets clause is present in the rental agreement. The Rental Officer who reviews the termination of the tenancy would try to determine if evicting the tenant is reasonable; as long as it was potentially interfering with the other tenants right to ‘quiet enjoyment’, the eviction will be upheld.
Nunavut’s Residential Tenancy Act is based on the Northwest Territories’ Act, which went into effect on February 6, 1988. In an effort to encourage out-of-court settlements, the Rental Officer is granted numerous powers previous held only by the courts. The role of the Rental Officer is to provide information, meditation and act as a judge as circumstances require. In cases where both parties cannot reach an agreement, even after meditation, the Rental Officer must intervene and hold a hearing. At these hearings, the Rental Officer takes on the role of a judge. An order of the Rental Officer can be enforced in the courts.
For general information about renting in Nunavut contact:
Nunavut Housing Corporation
Nunavut Housing Corporation
2nd Floor Bldg 1553 Federal Road
P.O. Box 1000, Station 1400
For information in regards to the Residential Tenancies Act contact:
Residential Tenancies Office (Rental Officer)
Residential Tenancies Office
Department of Justice
Government of Nunavut
P.O. Box 1000 Station 590
Nunavut, X0A 0H0
Consolidation of the Residential Tenancies Act (Nunavut)
Government of Nunavut Communications
P.O. Box 1000 Station 200
Toll-free: 1-877-212-6438 (in North America)
Application forms for Public Housing are available from the Local Housing Organizations in each community.