Are Key Deposits Allowed for Rentals in Nunavut?

Many Nunavut tenants are uncertain about what payments are allowed when moving into a rental. One common question is whether landlords can legally ask for a key deposit. Understanding Nunavut’s tenancy rules helps protect your security and finances while renting.

Understanding Key Deposits in Nunavut Rentals

In Nunavut, landlords sometimes request extra payments at the beginning of a tenancy, including key deposits. A key deposit is money collected by a landlord to ensure the safe return of keys when a tenancy ends. However, not all extra charges are legal.

What Does Nunavut Law Say?

Nunavut’s Residential Tenancies Act (RTA) sets out which deposits landlords can legally request. According to the RTA, the only deposit a landlord may require is a security deposit, which is limited to one month’s rent.¹ Any other prepayments, including key deposits or pet deposits, are generally not allowed under Nunavut rental law.

If your landlord is asking for a key deposit, you have the right to refuse payment. Instead, landlords should deduct any unreturned key costs from the security deposit after move-out, if appropriate.

Security Deposits: The Legal Deposit

Landlords in Nunavut may only ask for a security deposit at the start of a tenancy. This deposit:

• Is limited to one month’s rent (for month-to-month rentals)
• Must be held in trust by the landlord
• Can be used for unpaid rent or repairing tenant damages

For a broader overview, see Understanding Rental Deposits: What Tenants Need to Know.

What Happens If a Landlord Requests an Illegal Key Deposit?

If your landlord insists on a key deposit, you should know that such a request is not supported by Nunavut’s rental laws. Here’s what you can do:

• Politely let your landlord know that the Residential Tenancies Act does not allow key deposits
• Pay the legal security deposit only
• If pressured, keep written records of all communications

If money was already paid, ask the landlord to refund it. If the landlord does not cooperate, tenants can apply to the Nunavut Residential Tenancy Office (RTO) for help.

Official Forms for Disputes

Nunavut tenants can use the following form for disputes related to illegal fees or the return of deposits:

• Application to the Rental Officer – This is the primary form tenants use to resolve any dispute regarding deposits or illegal fees. For example, if a landlord refuses to return an unlawful key deposit, you can submit this application to the Residential Tenancy Office.
  Download the Application to the Rental Officer (PDF)

Fill out the form and submit it to the RTO by mail or in person. Always include supporting documents such as copies of receipts and correspondence with your landlord.

Your Rights and Protections as a Tenant in Nunavut

All tenants are protected by Nunavut’s Residential Tenancies Act. If you want to understand your rights, consider reading Tenant Rights and Landlord Rights in Nunavut.

Tenants also have the right to safe and functional living conditions. For example, if you encounter maintenance or health and safety issues, you can learn more from Health and Safety Issues Every Tenant Should Know When Renting.

Key Takeaways

• Key deposits are not allowed in Nunavut rentals.
• Landlords can only require a legal security deposit.
• Disputes can be addressed through the Residential Tenancy Office.

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1. Are key deposits ever refundable in Nunavut?
   Key deposits are not permitted by law. If one was paid, the landlord must return it.
2. Can a landlord deduct lost key costs from the security deposit?
   Yes. If keys are not returned, reasonable replacement costs may be taken from your regular security deposit.
3. What should I do if my landlord refuses to return an illegal deposit?
   File an Application to the Rental Officer with the RTO, including all receipts and communication records.
4. Where do I get help if my landlord insists on a key deposit?
   Contact Nunavut's Residential Tenancy Office for advice or intervention on illegal deposits.
5. Is any extra deposit (for pets, cleaning, etc.) allowed?
   No. Only the security deposit is legal in Nunavut. Other deposits, including for pets or keys, are not permitted.

Need Help? Resources for Tenants

• Nunavut Residential Tenancy Office (RTO): Official RTO Website
• Nunavut Legal Aid: Free information and tenant support
• Residential Tenancies Act: Full text of Nunavut's Residential Tenancies Act
• For a complete overview: Tenant Rights and Landlord Rights in Nunavut

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1. Nunavut Residential Tenancies Act, Read the full legislation here
2. Nunavut Residential Tenancy Office (RTO)

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