Duty to Mitigate Losses: NWT Tenant Guide

Being a renter in the Northwest Territories means knowing both your rights and responsibilities when a tenancy ends early or rent goes unpaid. One important responsibility is the duty to mitigate losses: landlords must take reasonable steps to find a new tenant and tenants can act to reduce potential liability. This guide explains in plain language how mitigation works in the NWT, practical steps tenants can take if they need to leave, what official forms or hearings may be involved, and how to document efforts so you protect your record and finances.

What the duty to mitigate losses means in the NWT

When a tenant breaks a lease or falls into arrears, the landlord cannot simply sit back and claim the entire future rent; they must try to re-rent the unit and reduce the financial loss. That obligation to make reasonable efforts is called the duty to mitigate losses and is set out in territorial residential tenancy rules and guidance.^[1] If a landlord successfully re-rents the unit, any amount the landlord receives offsets what the original tenant owes.

When mitigation usually applies

• If you move out before the lease end date or abandon the unit.
• If you stop paying rent and the landlord seeks to recover unpaid amounts.
• When a landlord starts a formal application with the residential tenancy office or tribunal to recover losses.^[2]

Practical steps tenants can take to limit liability

Tenants can take actions that often reduce what a landlord can reasonably claim. Below are clear, tenant-focused steps you can follow.

1. Give written notice as early as possible and explain your planned move date; if leaving early, offer reasonable showing times for prospective renters.
2. Offer to help re-rent the unit by advertising or showing it, but get landlord consent before arranging viewings.
3. Keep records: dates you posted ads, messages with interested people, receipts for any ad fees, and copies of notices.
4. Respond promptly to any formal notices or applications from the landlord; missing deadlines can hurt your position.
5. Act quickly on timelines set by the tribunal or tenancy office and attend any hearings or mediations.

You may choose to advertise the unit yourself to speed re-rental; one option to list widely is to Find rental homes across Canada on Houseme.

What landlords and tenants typically show to a tribunal

In a dispute the tribunal will look for evidence both parties used reasonable efforts: the landlord should show advertising copies, dates of showings, and any rent received from a new tenant; the tenant should show written notices, messages offering to help, and proof of payments or receipts. Clear records improve outcomes for either side.

Official forms and tribunal process

If mitigation fails and a landlord files for an order, the territory's residential tenancy office or tribunal manages the claim and provides forms to start the process. Common official materials include the territorial legislation and the tribunal's application forms explaining how to request an order for unpaid rent or early termination damages.^[1] For specific documents like the application to the residential tenancy office or notices to terminate, follow the official instructions and file the correct form as indicated by the tribunal.^[3]

Practical example

If you must leave three months before a lease ends, give written notice today, post an accurate ad, keep replies and receipts, and tell the landlord you will cooperate with viewings. If the landlord applies for unpaid rent, bring that documentation to the hearing to show you helped reduce losses.

FAQ

Do I have to keep paying rent after I move out?

No. You remain responsible for rent until the tenancy legally ends or the landlord finds a replacement. Showing you tried to help re-rent the unit can reduce what you owe.

Can I be forced to pay for the landlord's advertising costs?

Only reasonable costs may be claimed; excessive advertising fees without proof are likely to be reduced by a tribunal.

What if the landlord refuses to show or re-rent the unit?

If the landlord makes no reasonable effort to re-rent, a tribunal may limit or deny the landlord's claim for future rent.

How-To

1. Write a dated notice explaining your move-out date and offer reasonable showing times to the landlord.
2. Post ads with clear photos and honest descriptions, and save copies of posts and responses.
3. Communicate in writing with the landlord about interested applicants and agreed showing times.
4. If you pay for an ad, keep the receipt and evidence that it resulted in interest or applications.
5. If a dispute is filed, bring your records, receipts, and copies of all messages to the tribunal hearing.

Key Takeaways

• Landlords must try to re-rent the unit; tenants can help and document efforts.
• Clear records of advertising and communication reduce potential liability.
• Use the official forms and meet tribunal deadlines to protect your rights.

Help and Support / Resources

• Government of the Northwest Territories - Residential Tenancies information
• Department of Justice, Northwest Territories - tenancy resources
• NWT Courts and tribunal contacts

1. [1] Residential Tenancies Act and guidance - Government of the Northwest Territories
2. [2] Residential tenancy office and tribunal pages - Department of Justice, Northwest Territories
3. [3] Official forms and filing instructions - Department of Justice, Northwest Territories