If you’re renting in the Northwest Territories and sharing your home with others, it's important to know the difference between a leaseholder and an occupant. Being clear about these roles can help you avoid conflict, protect your rights, and manage issues like responsibility for rent and repairs. This article breaks down what each status means, who has which rights, and what you need to know under current Northwest Territories law.
Your Role in a Rental: Leaseholder vs. Occupant
In Northwest Territories rentals, understanding if you are the leaseholder or just an occupant is crucial. Here’s a quick breakdown:
- Leaseholder (Tenant): This is the person who signed the residential tenancy agreement with the landlord. The leaseholder is legally responsible for paying rent, following the terms, and dealing directly with the landlord.
- Occupant (Roommate/Guest): An occupant lives in the rental unit but didn’t sign the rental agreement. Occupants are not directly responsible to the landlord for the terms of the lease, but must still follow the building’s rules.
Think of it this way: If your name is on the lease, you’re the leaseholder. If not, even if you pay rent to the main tenant, you’re an occupant.
Key Differences That Affect You
- Communication with the landlord: Only the leaseholder can legally correspond with the landlord over issues like repairs, rent increases, or ending the tenancy.
- Security: Leaseholders have the right to remain in the rental unit until the lease ends (unless evicted through proper legal process). Occupants do not have the same legal protections and can be asked to leave by the leaseholder.
- Obligations: Leaseholders are responsible for damage, unpaid rent, and following all obligations under the Residential Tenancies Act (Northwest Territories)1.
Knowing your status helps you understand how much control you have and what support you can expect under the law.
Legal Rights and Responsibilities
Tenancy in the Northwest Territories is governed by the Residential Tenancies Act and overseen by the Residential Tenancies Office (RTO).2 Here’s what leaseholders and occupants need to know:
- Only leaseholders have formal rights to dispute issues or file complaints with the RTO.
- Occupants must address problems through the leaseholder instead of the landlord or RTO.
- If you’re not sure of your rights, see Tenant Rights and Landlord Rights in Northwest Territories for more information specific to your territory.
Responsibilities for Rent, Repairs, and Behaviour
- Leaseholders are liable for the full rent—even if roommates agree to split it. If rent is late, the landlord can issue notices to the leaseholder, and only the leaseholder is responsible legally.
- Occupants do not have to pay the landlord directly, but should still contribute as agreed with the leaseholder.
- All residents should respect the rules of the building and avoid disturbing neighbours.
For more on ongoing obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Happens When There’s a Dispute?
If you and your roommate disagree about cleaning, guests, splitting bills, or moving out early, the law doesn’t treat these the same as formal tenancy issues. The landlord is only required to deal with the leaseholder. That’s why having clear, written agreements with your roommates is strongly recommended.
If problems escalate, the leaseholder may be able to ask an occupant to leave. If you’re a leaseholder facing issues caused by another resident, document everything, and contact the Residential Tenancies Office if it starts affecting your tenancy.
What Official Forms Do I Need?
- Application to End Tenancy (Form 1) – Used by either landlord or tenant (leaseholder) to end tenancy for legal reasons.
Example: If you are the leaseholder and want to move out at the end of your lease, you use this official form from the NWT Residential Tenancies Office. - Application for Dispute Resolution (Form 5) – Used by leaseholders to resolve disputes with landlords (not roommates/occupants).
Example: If repairs are not being made and your landlord isn’t responding, as a leaseholder, you complete and submit this Form 5.
Occupants who are not leaseholders usually cannot file these forms directly with the RTO. They must request the leaseholder to take action.
Moving In or Out with Roommates
If you’re joining or leaving a rental with roommates, make sure to:
- Check if your name should be added to or removed from the tenancy agreement.
- Complete a joint inspection report with all parties present.
- Clarify who gets any rental deposit back at the end of tenancy. For detailed information, see Understanding Rental Deposits: What Tenants Need to Know.
If you’re looking for a new unit or exploring roommate arrangements, Find rental homes across Canada on Houseme to streamline your search.
FAQ: Leaseholder and Occupant Questions
- Can an occupant be evicted by the landlord?
The landlord can only evict the leaseholder. If the leaseholder is removed, any occupants lose their right to stay as well. - What if the leaseholder moves out but I want to stay?
If your name is not on the lease, you have no automatic right to stay. Talk to the landlord about signing a new agreement if you wish to remain. - Are roommates automatically covered by the lease?
No. Unless every roommate signs the lease, only the person(s) named is a leaseholder. Always clarify your status when you move in. - Who gets the deposit back at the end?
Legally, the deposit is returned to the leaseholder. Roommates must resolve the split among themselves. - Where do I go for more information about my rights?
Refer to Tenant Rights and Landlord Rights in Northwest Territories for more specific information or contact the Residential Tenancies Office directly.
Conclusion: What Tenants Should Remember
- Only leaseholders have direct legal rights and responsibilities with the landlord.
- Occupants (roommates) depend on their agreement with the leaseholder, not the landlord.
- Always document arrangements and be clear about your role before signing or moving in.
Clear communication and understanding of your status can help you avoid common rental problems and strengthen your ability to resolve them quickly.
Need Help? Resources for Tenants
- Residential Tenancies Office, Northwest Territories: Access forms, guides, and contact options.
- Rental Legislation: Read the Residential Tenancies Act (NWT).
- Tenant Rights and Landlord Rights in Northwest Territories
- Northwest Territories Legal Aid: Support for tenants needing legal advice
