Ontario Mold Case Lessons for NWT Tenants

Mold in rental housing can pose serious health and safety risks for tenants. While some of the most notable legal victories against mold-affected rentals come from Ontario, tenants in the Northwest Territories (NWT) can also take action using lessons learned from those Ontario cases. This article explains what Northwest Territories tenants can learn from Ontario mold decisions, what their rights are, and how to address mold problems effectively under NWT law.

Why Mold is a Major Issue in Rentals

Mold growth inside rental units can cause respiratory problems, allergic reactions, and even property damage. For tenants, it often means living in uncomfortable or unsafe conditions that require urgent attention from the landlord.

• Common sources: Poor ventilation, roof leaks, plumbing problems, flooding.
• Health impacts: Mold exposure can lead to coughing, asthma, and other long-term issues.
• Legal obligation: Landlords must provide safe, habitable housing under Northwest Territories law.

Learning from Ontario Mold Case Precedents

Ontario's legal system has set strong precedents with tenants winning cases against landlords when mold complaints were ignored. These cases reinforce that tenants across Canada—including the NWT—have the right to expect a healthy living environment, and that landlords have a duty to act promptly on repair and safety concerns.

For example, Ontario's Landlord and Tenant Board has ordered landlords to:

• Conduct professional mold remediation and repairs
• Reduce rent until the issue is fixed
• Compensate tenants for out-of-pocket costs related to mold damage or health care

Your Rights and Responsibilities as an NWT Tenant

In the Northwest Territories, both tenants and landlords have clearly defined duties under the Residential Tenancies Act (NWT)¹. This law requires landlords to keep rental units in good repair and fit for habitation—including addressing mold swiftly.

• Tenants must report mold problems promptly
• Landlords must assess and resolve the issue within a reasonable timeframe
• Tenants can seek remedies if the landlord fails to act

Learn more about your rights and responsibilities in the NWT at Tenant Rights and Landlord Rights in Northwest Territories.

Taking Action: Steps to Address Mold Problems

If you encounter mold in your NWT rental home, here are practical steps you can take, inspired by successful Ontario cases:

• Document everything: Take dated photos and keep copies of all communication.
• Notify your landlord: Send notice in writing (email or letter) describing the issue and request repairs.
• Allow access: Cooperate with reasonable requests for inspection or repair by your landlord.
• Escalate if unresolved: If the landlord does not act, apply to the appropriate residential tenancies office.

Which Tribunal Handles Disputes in the NWT?

All tenancy disputes in the Northwest Territories are managed by the NWT Rental Office (Office of the Rentals Officer). This body oversees applications and hearings related to repairs, rent disputes, and habitability issues like mold.

Official Forms for NWT Mold Complaints

If your landlord does not resolve a mold issue, you can formally apply to the NWT Rental Office. The main steps are:

• Application to the Rentals Officer (Form 2): Use this to apply for an order requiring repairs or compensation. The form is available from the GNWT Justice rental forms page.
• When to use: File this form if your landlord ignores written requests or fails to act within a reasonable period—usually after you’ve given them a chance to respond.
• How it works: Submit Form 2 along with evidence such as photos, letters, and any expert mold reports. You will then attend a hearing (in person or virtually).

Always follow the instructions on the form and keep a complete copy for your records.

Health and Safety: Protecting Yourself and Your Property

Mold is not just a nuisance—it is considered a health and safety issue in rentals. It's important to understand how this relates to your rights. For more on health precautions and what your landlord must do, review Health and Safety Issues Every Tenant Should Know When Renting.

Evidence is key for tenants. Save all inspection reports, doctor’s notes (if you’ve been affected), and correspondence with your landlord about the mold issue.

For more on resolving landlord-tenant problems generally, see Common Issues Tenants Face and How to Resolve Them.

Where to Find Suitable Rentals

Looking for safer and healthier rental options? Browse apartments for rent in Canada with clear property descriptions and modern amenities.

Frequently Asked Questions About Mold in NWT Rentals

1. What should I do first if I find mold in my NWT rental?
   Notify your landlord in writing as soon as possible, describe the issue, and keep a copy for your own records. Document the problem with photos.
2. Can I stop paying rent until mold is fixed?
   No, you should not withhold rent without an order from the Rentals Officer. Apply for an order if repairs are not made.
3. What official application do I use to complain about mold?
   Use the Application to the Rentals Officer (Form 2) to seek repairs or compensation regarding mold.
4. How long does my landlord have to fix mold?
   The repair should be done within a reasonable time frame, usually promptly once they are notified.
5. Where can I get help with my mold complaint?
   The NWT Rental Office handles these disputes; tenant advocacy organizations may also help you gather evidence or file forms.

Conclusion: Key Takeaways for NWT Tenants

• Mold complaints are serious health and safety matters that give tenants strong legal rights.
• Learn from Ontario cases: documentation and prompt reporting are essential.
• If unresolved, use NWT forms and the Rental Office to protect your interests.

Staying informed, organized, and proactive can help you ensure your rental is healthy and compliant with the law.

Need Help? Resources for Tenants

• NWT Rental Office – Information, forms, and dispute resolution
• Official NWT rental forms – Download required applications
• Northwest Territories Housing Corporation – Tenant support, affordable housing, and guidance

---

1. Residential Tenancies Act (NWT)

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