How to Appeal an Eviction Order in Northwest Territories

If you are facing an eviction order as a tenant in the Northwest Territories, you still have options. Knowing your rights, how to file an appeal, which forms to use, and where to get help can make a significant difference. This guide will walk you through how to appeal an eviction order, including key deadlines, support resources, and important legal protections.

Understanding Eviction Orders and Appeals

In the Northwest Territories, eviction orders are issued by the Residential Tenancies Office (RTO). If you disagree with an eviction order, territorial law gives you the right to appeal to the Supreme Court of the Northwest Territories. Acting quickly is vital, as strict deadlines apply for appeals.

Relevant Legislation and Your Rights

Your rights as a tenant facing eviction are set out in the Residential Tenancies Act (Northwest Territories)^[1]. This law explains the reasons a landlord can evict a tenant, what must be included in an eviction order, and your options for reviewing or appealing the decision.

To learn more about your basic rights and responsibilities, visit Tenant Rights and Landlord Rights in Northwest Territories.

When Can a Tenant Appeal an Eviction Order?

• The Residential Tenancies Officer makes a decision and issues a written order for eviction.
• You believe there was a mistake, unfairness, or new evidence available.
• You file your appeal within 14 days after the eviction order is served.

An appeal will pause ("stay") the eviction order until the Supreme Court makes a new decision, unless the court orders otherwise.

How to Appeal an Eviction Order

Appealing can feel overwhelming, but following clear steps helps protect your rights. Here’s an overview of what to do if you want to challenge an eviction:

1. Act quickly: Note the date you received the eviction order. The 14-day countdown starts from that date.
2. Complete the appeal form: You must file a Notice of Appeal with the Supreme Court of the Northwest Territories. The standard form is the Notice of Appeal — Residential Tenancies Act, NWT Form 1.
   Download the official form from the Northwest Territories Courts Forms page and select "Notice of Appeal – RTA".
3. File your appeal at the court: Submit your completed form in person or by mail to your nearest court registry. Addresses are on the NWT Courts Contact page.
4. Notify the Residential Tenancies Office and your landlord: After filing, you must give a copy of your appeal notice to both the RTO and your landlord right away.
5. Attend the Supreme Court hearing: The court will schedule a hearing to review your appeal. Be prepared to explain why you believe the eviction order should be changed or cancelled.

Key Form for Tenants: Notice of Appeal

• Name: Notice of Appeal – Residential Tenancies Act (Form 1)
• Use: Used to ask the Supreme Court to review a decision by the Residential Tenancies Officer (such as an eviction order).
• Where to get it: NWT Courts Forms page (search for "Notice of Appeal – RTA")
• Example: If your eviction order was based on unpaid rent but you have proof you paid, attach documentation supporting your case when you submit the form.

Tip: Keeping copies of every document, letter, and notice related to your case is important for your appeal.

What Happens After Filing an Appeal?

After you file your Notice of Appeal, the eviction order is put on hold ("stayed") until your hearing. The court will review all evidence and hear from both you and your landlord. The judge may confirm, change, or cancel the eviction order. Sometimes, the court may also suggest ways for both sides to resolve the dispute.

Other Tenant Considerations

• Understand your ongoing obligations — you must keep paying rent while the appeal is underway. For more, see the Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
• Maintain the condition of your rental. If you have questions about responsibilities, check Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Need to relocate while you appeal or want to see more options? Find rental homes across Canada on Houseme to browse safe, affordable listings nationwide.

FAQ: Appeals and Eviction Orders in Northwest Territories

1. How much time do I have to appeal an eviction order?
   You have 14 days from the date you receive the eviction order to file an appeal with the Supreme Court of the Northwest Territories.
2. Do I need a lawyer to appeal?
   No, tenants can file an appeal on their own, but legal advice can help you prepare. The Supreme Court registry can provide procedural information but not legal advice.
3. Does filing an appeal mean I don’t have to leave the rental unit?
   Filing a Notice of Appeal automatically puts the eviction order on hold until the court makes its decision, unless the court decides otherwise.
4. What happens at the appeal hearing?
   The Supreme Court judge will review all documents, consider evidence, and listen to both the tenant and landlord before making a decision.
5. What if I miss the appeal deadline?
   If more than 14 days have passed, your rights to appeal may be lost. Contact the Residential Tenancies Office or a legal help service immediately to discuss your options.

Conclusion: Key Takeaways for Tenants

• Appeal deadlines are short, so act fast — you have only 14 days.
• Use the Notice of Appeal (Form 1) and file with the Supreme Court.
• Keep paying rent and following your agreement while waiting for the court’s decision.

Understanding the appeals process can help you protect your rights and stay housed during challenging times. Being organized and proactive is your best defense.

Need Help? Resources for Tenants

• Residential Tenancies Office – NWT
  Information on tenant rights, forms, and dispute resolution. Phone: 1-800-661-0760
• Supreme Court of the Northwest Territories
  Details on appeals, forms, and court locations.
• NWT Legal Aid Commission
  Free or low-cost legal advice for tenants facing eviction.

---

1. ^[1] Residential Tenancies Act (Northwest Territories)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy