Illegal Lease Clauses in Northwest Territories: What Tenants Need to Know

Understanding your rights as a tenant in the Northwest Territories means knowing which clauses in a rental lease are not allowed by law. Not all rules written into a tenancy agreement are enforceable, even if both you and your landlord sign. The Residential Tenancies Act (NWT) sets clear standards for what can—and cannot—be included in your lease. This guide breaks down illegal lease clauses, how to spot them, and what you can do if you encounter one.

Lease Clauses That Are Not Permitted in Northwest Territories

Some lease clauses are automatically void in the Northwest Territories, no matter what your landlord may write in your agreement. Here are common examples:

• Waiving Legal Rights: Any clause that says you give up your rights under the Residential Tenancies Act is void.
• Security Deposits Above the Legal Limit: The law limits security deposits to no more than one month’s rent. If your lease demands more, it's unenforceable. For details, see Understanding Rental Deposits: What Tenants Need to Know.
• Landlord Entry Without Notice: Agreements that let the landlord enter without proper notice (except in emergencies) are illegal. The Act requires reasonable notice and states the reasons they may enter.
• "No Pets" Clauses in Certain Subsidized Housing: While "no pets" rules can be valid in some buildings, they are not allowed in certain subsidized or public housing units unless justified (for example, health concerns).
• Penalty Fees: Extra penalty fees for things like having guests, late payments beyond allowable interest, or breaking house rules not outlined in the Act are not allowed.
• Mandatory Professional Cleaning: Tenants cannot be required to pay for professional cleaning unless the unit was professionally cleaned before move-in and this was agreed in writing.
• Automatic Eviction for Certain Actions: Only the Rental Officer (the official tribunal) can end a tenancy by order. Lease terms that say you will be evicted automatically for a certain action are not valid.

If you discover one of these clauses, know that Northwest Territories rental law protects you—they are not legally binding, even if you initially agreed to them.

Why Illegal Lease Clauses Happen

Sometimes, illegal clauses are included by mistake or because a landlord copied a lease from another province. It's always a good idea to review your lease in detail and ask questions before signing.

What Should You Do if Your Lease Has an Illegal Clause?

If your rental agreement includes an illegal term, here’s how to protect yourself:

• Do not assume you must obey the illegal clause—these parts of the lease are not enforceable.
• Keep a copy of your signed lease and highlight illegal clauses for your records.
• Communicate in writing with your landlord if you discover an unlawful term. Politely explain your concern and reference the Residential Tenancies Act.
• If your landlord disagrees, consider reaching out to the NWT Rental Officer for guidance.

This process can help resolve misunderstandings early and avoid further disputes.

Filing a Complaint or Dispute: Key Forms and How to Use Them

The Rental Office of Northwest Territories is responsible for resolving tenancy disputes and making decisions on illegal lease clauses. Here are important forms for tenants:

• Tenant Application Form (Form 1B)
  • When to use: If your landlord tries to enforce an illegal lease term or penalizes you because of it.
  • How to use: Complete this form to start a formal hearing with the Rental Officer. Include a copy of your lease and highlight the offending clause.
  • Download Tenant Application Form (NWT government)
• Landlord and Tenant Agreement to Change the Tenancy Agreement (Form 4)
  • When to use: If both parties agree to amend the lease and remove an illegal clause.
  • How to use: Fill out the form with your landlord to document any agreed changes.
  • Download Form 4 (NWT government)

What Rights Do Tenants Have in Northwest Territories?

As a tenant in the Northwest Territories, your rights are protected by the Residential Tenancies Act. For a full overview of your rights and responsibilities, see Tenant Rights and Landlord Rights in Northwest Territories. This covers issues like eviction, repairs, rent increases, privacy, and notice periods.

The Rental Officer is the official body that handles complaints and disputes. Their decisions are legally binding and help enforce tenant protections.

Tips for Reviewing Your Lease

• Read each section carefully before signing—ask for clarification if a term seems unusual.
• Remember: illegal clauses are void, even if you agree to them.
• If the deposit seems too high or a rule feels unfair, verify it against the Residential Tenancies Act.

Where to Search for Rentals With Confidence

If you’re looking for a new rental you can trust, Find rental homes across Canada on Houseme—where transparency and tenant-friendly listings are a priority.

FAQ: Lease Clauses and Tenant Rights in NWT

1. Can a lease clause force me to pay for professional carpet cleaning?
   Only if the unit was professionally cleaned before move-in and this was explicitly stated. Otherwise, such a clause is not enforceable under NWT law.
2. What should I do if my landlord enters without notice because of a lease clause?
   Notify your landlord that entry rules must follow the Residential Tenancies Act and illegal clauses are not valid. You can bring the issue to the Rental Officer if needed.
3. Are "no pets" clauses always illegal in the Northwest Territories?
   No, but restrictions must comply with the law. In subsidized housing, blanket bans may not be allowed unless justified. Always review your type of tenancy.
4. What if my lease includes a penalty fee not covered by law?
   Penalty fees that are not specifically allowed by the Act are illegal and not enforceable. Discuss with your landlord and contact the Rental Officer if the issue continues.
5. Who can help me if I disagree with my landlord about my lease terms?
   The Rental Officer of Northwest Territories can hear and resolve rental disagreements. File an application if a solution cannot be reached directly.

Conclusion: Key Takeaways for NWT Tenants

• Illegal lease clauses are not enforceable, even if signed.
• If in doubt, check your rights under the Residential Tenancies Act and contact the Rental Officer.
• Document all concerns, communicate in writing, and use official forms to address disputes confidently.

By understanding your legal protections, you can rent with greater security and peace of mind.

Need Help? Resources for Tenants

• Northwest Territories Rental Officer – Official dispute resolution, forms, and inquiries
• NWT Government Tenant Resources
• Local legal clinics and non-profit tenant support organizations

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1. Residential Tenancies Act (Northwest Territories): Read the full legislation
2. NWT Rental Officer: Official tribunal and resources
3. Rental Officer Forms: Application and amendment forms

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