Paying Rent Before Lease Start: Tenant Rights in NWT

If your landlord in the Northwest Territories is demanding rent before your lease start date, you might be confused or worried about your rights. Understanding local laws helps you respond clearly, avoid disputes, and start your tenancy on the right foot. This guide explains what NWT law says about rent demands, security deposits, and how to protect yourself.

Your Rights and Responsibilities Before the Lease Starts

In the Northwest Territories, tenancy law is governed by the Residential Tenancies Act (NWT)^[1]. The law protects both tenants and landlords, providing clear rules about when rent is due, what deposits are allowed, and obligations for both parties. Generally, your rental agreement will explain when your tenancy formally begins, and when the first payment is required.

When Is Rent Legally Due?

Landlords can only require rent for the period when you actually have a legal right to occupy the unit. Typically, this is your lease start date—not before. They may ask for the first month's rent and the security deposit to be paid as you sign the agreement, but can't demand payment for periods before your tenancy begins.

• First Month's Rent: Usually paid when you get the keys or on the agreed start date of the lease.
• Security Deposit: Can be requested in advance, but not to exceed one month's rent.

If a landlord asks for rent before your lease legally starts (for example, weeks before move-in), you are not required by NWT law to pay. Only pay for the time when your tenancy is active.

Security Deposits vs. Advance Rent: Know the Difference

It’s important to know the difference between a security deposit and advance rent. The Understanding Rental Deposits: What Tenants Need to Know page explains your rights and how deposits are handled in detail.

• Security deposit: Meant to cover damages or unpaid rent at the end of your tenancy (maximum: one month's rent).
• Advance rent: Only permitted as payment for actual upcoming rent—never for time before your tenancy begins.

Document Everything: Agreements and Receipts

Always document any agreement made with your landlord and keep receipts for all payments. Put your understanding about rent due dates and move-in arrangements in writing.

Before signing, carefully review your lease. The guide What Tenants Need to Know After Signing the Rental Agreement offers essential tips on post-agreement steps, key dates, and expectations for your tenancy.

What If You Already Paid Early?

If you’ve paid rent for time before your legal lease start date, ask your landlord in writing to clarify your move-in rights for the period paid, or for a refund for any extra days. If the landlord refuses, you may apply to the NWT Rentals Officer (see below) for help.

Key Forms and How to Use Them

Official Form: Application to the Rentals Officer (Form 5)

• What it does: Lets tenants request mediation or a hearing if there is a dispute about early rent payments, deposits, or entry rights
• When to use: If you paid rent before your legal lease start date and the landlord refuses to adjust or refund appropriately
• Where to find: Residential Tenancies Form 5 - Application to Rentals Officer
• Example: You paid for a month when you weren’t allowed to move in—use Form 5 to have the Rentals Officer review your case

Where to Seek Help: NWT Rentals Officer

Disagreements about rent payments or deposits are handled by the Rentals Officer, Government of Northwest Territories. You can contact their office for free information or to file a formal application.

Best Practices: Entering and Starting Your Lease

• Never pay rent for days you cannot legally access the unit
• Get all agreements in writing—especially about move-in dates and payment expectations
• Ask for a written receipt and keep copies of all communications
• Understand your responsibilities before you move in: read about the Obligations of Landlords and Tenants: Rights and Responsibilities Explained

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To learn more about rights specific to the territory, see Tenant Rights and Landlord Rights in Northwest Territories.

Frequently Asked Questions

1. Can a landlord in NWT require rent payment before my lease begins?
   No. According to NWT law, you should only pay rent for the period after your tenancy legally starts. Security deposits can be requested in advance, but not rent for time you can’t move in yet.
2. Is there a difference between a security deposit and advance rent?
   Yes—security deposits can be collected before your lease starts (up to one month's rent). Advance rent should only be for the period you will actually occupy the unit, never for time before you move in.
3. What can I do if my landlord insists on early payment?
   Politely explain your rights under the Residential Tenancies Act and, if necessary, contact the Rentals Officer or file an Application to Rentals Officer (Form 5).
4. Will I lose my rental if I refuse early rent payment?
   Landlords cannot legally deny your tenancy for refusing to pay unlawful advance rent. If you’re threatened with losing the unit, document the situation and contact the Rentals Officer.
5. How do I get help if I already paid extra rent by mistake?
   Try to resolve it in writing with your landlord. If unsuccessful, apply to the Rentals Officer for a decision or mediation.

Key Takeaways

• Landlords in NWT can only ask for rent from your formal lease start date onward.
• Security deposits—up to one month’s rent—can be requested before moving in, but are not considered advance rent.
• If disputes arise, always document everything and seek help from the NWT Rentals Officer.

Need Help? Resources for Tenants

• Rentals Officer (NWT Rental Office): Information, complaint forms, dispute resolution – government contact for all tenancy issues.
• Residential Tenancies Act (NWT): Official legislation governing rent, deposits, and tenancy rights.
• See Tenant Rights and Landlord Rights in Northwest Territories for a full summary of territory-specific rules.
• Phone assistance: 1-867-767-9256 ext. 82180 (NWT Rental Office)

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1. Residential Tenancies Act (NWT), Government of Northwest Territories
2. Rentals Officer, Government of Northwest Territories

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