Evicting a Roommate in Northwest Territories: Tenant Legal Steps

If you’re a tenant in the Northwest Territories sharing housing with a roommate, there may come a time when you need to evict them. Understanding your rights and the proper legal procedures is crucial to ensure you follow local tenancy laws and avoid unwanted consequences.

Understanding Roommate Eviction Laws in Northwest Territories

Tenant and roommate arrangements in the Northwest Territories are governed by the Rental Office under the Residential Tenancies Act (Northwest Territories)^[1]. It’s important to know that the legal process often depends on whether your roommate is listed on the formal lease agreement or simply living in the unit under a private arrangement with you.

• Co-tenants: Both of you are on the lease with the landlord. Eviction usually requires landlord involvement.
• Unregistered roommate/occupant: Only you are on the lease, and your roommate is your subtenant or guest.

Always review your What Tenants Need to Know After Signing the Rental Agreement to clarify lease terms and obligations before starting the eviction process.

Key Steps to Remove a Roommate Legally

The steps you follow depend on your particular situation and if your roommate is a co-tenant or a subtenant.

If Your Roommate Is a Co-Tenant

• As co-tenants, you can’t directly evict the other. You must notify your landlord of any issues—such as non-payment, property damage, or illegal activities—and request their intervention.
• The landlord may then issue a formal notice or apply to the Rental Office for eviction.

If you’re facing roommate issues caused by breaches of the rental agreement, you may need to file a complaint with your landlord, focusing on the other tenant’s violations.

If Your Roommate Is a Subtenant or Not on the Lease

• If you are the official tenant and your roommate is your subtenant, you are responsible for providing written notice before ending their right to occupy the premises.
• Written notice should be given with a clear reason (e.g., non-payment of rent, health or safety violations, etc.), and follow the same notice periods required by the Residential Tenancies Act.
• If your roommate refuses to vacate voluntarily, you can file an application for eviction with the NWT Rental Office.

Summing up, always determine the legal type of roommate arrangement you have before acting. Missteps can delay the process or create legal issues for yourself.

Forms and Procedures for Evicting a Roommate

To start a formal process with the Rental Office, you’ll need to use official forms. Here’s how it usually works:

• Notice to Terminate Tenancy (Form 2): Used by landlords—or tenants acting in the capacity of a landlord—to notify a tenant or subtenant. This form sets out the legal basis (e.g., unpaid rent, damage) and the required notice period. You can find this form and instructions on the NWT Rental Office forms page.
• Application for Order of Termination and Possession (Form 10): If the subtenant or roommate does not leave after the notice period, this form lets you formally request the Rental Office to terminate their right to occupy and issue an order for possession. Details on how to file and serve the application can be found at the NWT Rental Office.

For example, if your roommate is not paying their agreed portion and is not moving out, serve them a Notice to Terminate Tenancy (Form 2). If they remain, submit Form 10 to the Rental Office to request a hearing and a formal eviction order.

Notice Periods and Roommate Disputes

The minimum required notice period for eviction in most cases is 14 days, but it depends on the reason. For health or safety violations, shorter notice is permitted. For detailed information, review the Tenant Rights and Landlord Rights in Northwest Territories page.

Resolving Conflict Before Eviction

Sometimes disputes can be resolved without a formal eviction. If you’re facing issues like noise complaints, property damage, or missed payments, try:

• Open communication to address concerns
• Mediation through local tenant resources
• Seeking landlord support if problems persist

If problems can’t be solved informally, follow the above eviction processes to stay inside the law. For more on handling tough situations, review Common Issues Tenants Face and How to Resolve Them.

After Your Roommate Moves Out

Once your roommate vacates, do a walk-through and check for damages or issues needing repair. Returning their share of any security deposit (if held) is advised if no damages are found. Read Understanding Rental Deposits: What Tenants Need to Know for guidance on this process.

Finding a New Roommate or Tenant

If you need to fill the vacant room, always get landlord approval for any new co-tenants or subtenants. For tools to help you find suitable rental arrangements, Explore Houseme for nationwide rental listings and connect with potential renters.

FAQ: Roommate Eviction in Northwest Territories

1. Can I evict a roommate in Northwest Territories if they’re not on the lease?
   Yes, if you are the primary tenant, you can serve written notice using the correct form. If they don’t move, you can apply to the Rental Office for formal eviction.
2. What is the required notice period for evicting a roommate?
   The minimum is 14 days for most reasons, but it can be shorter if there’s a serious breach affecting health or safety.
3. What should I do if my roommate refuses to leave after the notice period?
   You should complete the Application for Order of Termination and Possession (Form 10) and seek an order from the Rental Office.
4. Does the landlord need to be involved in a roommate eviction?
   If your roommate is a co-tenant, the landlord must be involved. For subtenants, you can act as the "landlord" and handle the process yourself.
5. What if my roommate doesn’t pay their part of the deposit?
   Your landlord will generally only deal with whoever is on the lease. Private arrangements about deposits between roommates should be managed in writing and settled directly between you.

Conclusion: Key Takeaways

• Know whether your roommate is a co-tenant or subtenant—this affects your legal options.
• Always use official forms and follow required notice periods to protect your rights.
• For disputes, try communication and mediation before moving to formal eviction.

Need Help? Resources for Tenants

• Northwest Territories Rental Office – Forms, guides, and contact for dispute resolution and applications
• Residential Tenancies Act (NWT) – Full Legislation
• Local tenant support or advocacy organizations: Contact your municipality or legal aid centre
• For more details on tenant and landlord rights, see Tenant Rights and Landlord Rights in Northwest Territories

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1. Residential Tenancies Act, Northwest Territories
2. Rental Office – Government of Northwest Territories

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