How to Handle Bad-Faith N12 Evictions in Northwest Territories

As a tenant in Northwest Territories, it’s important to understand your rights and the process when faced with an N12 eviction notice. N12 notices are sometimes used improperly by landlords—known as bad-faith evictions—so knowing what to look for and how to respond can help you stay protected under the law.

What Is an N12 Eviction in Northwest Territories?

In the Northwest Territories, an N12 eviction notice is given to tenants when a landlord wants to end a tenancy because they, or a close family member, intend to move into the rental unit. The Residential Tenancies Act (NWT) sets out the legal reasons and procedures for ending a tenancy for landlord's personal use¹.

• The landlord must provide written notice and serve it properly.
• They must honestly intend for themselves or a close family member to occupy the unit.
• At least 3 months’ notice is usually required.

When an N12 is given in bad faith (for example, if the landlord just wants to raise rent or sell without real intention to move in), it is illegal. Tenants who suspect bad faith can take action through the NWT Residential Tenancies Office (RTO). If you want a broad overview of both tenant and landlord rights in your area, read Tenant Rights and Landlord Rights in Northwest Territories.

Recognizing a Bad-Faith N12 Eviction

Not every N12 notice is valid. Bad-faith evictions occur when the real reason for the notice is not personal use. Watch for these red flags:

• The landlord advertises the unit for rent after you leave.
• You learn a different tenant moved in, or the unit is left vacant for a long time.
• The stated family member does not move in as promised.

Tenant Action Steps if You Suspect Bad Faith

If you believe your landlord is evicting you under false pretenses, here’s what you should do:

• Document everything: Keep copies of the N12 notice, all communications with the landlord, and any ads or listings you see for the unit.
• Contact the Residential Tenancies Office (RTO): You can file a complaint or application to dispute the notice or seek compensation if bad faith is proven.
• Continue paying your rent: Even if you dispute the eviction, always keep your rent payments up to date to protect your rights.

The official notice a landlord should use is typically the Notice of Termination (Form 13). If you want to challenge a bad-faith eviction, tenants can use the Application for Orders (Form 16) to ask for a hearing. These and other forms are available directly from the NWT Residential Tenancies Office website.

• Notice of Termination (Form 13): Used by landlords to officially notify tenants of eviction, explaining the reason (e.g., personal use). Get Form 13. Review it carefully to confirm all details are correct.
• Application for Orders (Form 16): Used by tenants to contest an eviction or apply for remedies (like compensation for bad faith). Get Form 16. Include your evidence and a clear explanation of the suspected bad faith.

After filing, the RTO will schedule a hearing where both sides can present their evidence.

What Remedies Can Tenants Get?

If the RTO finds that your landlord acted in bad faith, you may be awarded compensation or even reinstatement in some situations. Remedies depend on the circumstances and your documented losses or inconvenience.

Landlords and tenants both have responsibilities. If you want a deeper dive into these, refer to Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How Can You Prevent Bad-Faith Eviction Issues?

Proactively understanding your lease and tracking all communications can make a significant difference. Review your rental agreement terms at the start to know what to expect. If you’re moving out, our guide Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit may help you prepare and protect your deposit.

Always stay connected to reliable resources and communities for the latest in tenant rights.

Where to Look for a New Place If You Need To Move

Should you find that a move is unavoidable, you can Find rental homes across Canada on Houseme for up-to-date listings and flexible search options. This can make your next move simpler and less stressful.

1. Can I refuse to leave if I believe the N12 is given in bad faith?
   Tenants can challenge an N12 notice they believe is issued in bad faith by filing an Application for Orders (Form 16) with the RTO. To protect your legal rights, do not simply refuse to leave: follow the formal dispute process.
2. What happens if the landlord is found to have acted in bad faith?
   The Residential Tenancies Office may order the landlord to compensate you or allow you to return to the unit, depending on your loss and the timing.
3. How long do I have to file a complaint?
   Tenants are encouraged to file as soon as possible after learning of bad faith. There is no strict deadline in every case, but timely action strengthens your position.
4. What evidence should I collect for my case?
   Gather the N12 notice, copies of ads showing the unit for re-rent, photos, written communications with your landlord, and statements from new tenants, if possible.
5. Where can I get help or legal advice about evictions?
   Contact the NWT Residential Tenancies Office or local tenant support organizations for guidance. See the resources below for more information.

Key Takeaways for Tenants

• N12 evictions for landlord’s personal use must be done in good faith—document everything.
• Use official forms (Form 16) to challenge any notice you suspect is improper.
• Support is available from the Residential Tenancies Office and tenant advocacy groups.

By staying informed and acting promptly, you can better protect your rights and housing stability as a tenant in Northwest Territories.

Need Help? Resources for Tenants

• NWT Residential Tenancies Office (RTO): Official body for disputes, forms, and tribunal hearings.
• NWT Association of Communities – Rental Housing Resources: Information and community contacts.
• Read the Residential Tenancies Act (NWT) for full legal details.

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1. Residential Tenancies Act (NWT). Read the Northwest Territories legislation.
2. NWT Residential Tenancies Office. Visit the official RTO site.

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