Bad-Faith N12 Evictions in Nunavut: Tenant Action Guide

If you've received an N12 eviction notice in Nunavut, it's important to know your rights and the correct procedures your landlord must follow. Bad-faith evictions, where a landlord uses the reasons of personal use or sale dishonestly, are a serious issue. This guide explains what constitutes bad-faith N12 evictions in Nunavut, what signs to watch for, and what you can do if you believe your landlord is not being truthful.

What Is an N12 Eviction and How Does It Work in Nunavut?

In some provinces, landlords may use an N12 notice to end a tenancy if they—or a close family member—want to move into the rental unit, or if the property is being sold and the buyer requires vacant possession. While Nunavut does not use the N12 form specifically (that is used in Ontario), landlords wishing to end a tenancy for personal use or sale must follow stringent requirements under the Nunavut Residential Tenancies Act.^[1]

Recognizing Bad-Faith Evictions

A bad-faith eviction occurs when the landlord claims one of these legal reasons but does not genuinely intend to act on it. For example, if a landlord asks you to move out so a relative can move in, but then rents the unit to someone else, this may be bad faith.

• Landlord never moves in or allows relative to move in after eviction
• Unit is re-rented at a much higher price soon after eviction
• Landlord pressures you to leave with inconsistent stories
• No official notice or the required timeframe is not followed

Your Rights and Responsibilities

Nunavut tenants have significant protections. Landlords must provide proper written notice and valid reasons under the Nunavut Residential Tenancies Act.^[1] Notices must:

• Be in writing, stating clear reasons (personal use, sale, etc.)
• Reference a legitimate purchaser or immediate family member if moving in
• Provide the correct legal notice period (three months, in most personal-use cases)
• Be served using the method described in the Act (in person, mail, or posted at the premises)

If you have questions about rights and responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained or review Tenant Rights and Landlord Rights in Nunavut for a broad overview.

What Should You Do If You Suspect Bad Faith?

If you think your eviction notice is not genuine, you should:

• Document everything: Keep all written communication and take notes during conversations.
• Ask direct questions: Request clarity on when and who will be moving in, or details of the sale.
• Monitor the unit after moving out, if possible, to see if the stated reason is carried out.

To start, contact the Nunavut Rental Office. This office oversees tenancy disputes and enforces the Act.^[2]

Official Forms for Nunavut Tenants

While Nunavut does not use the "N12" form, you should be aware of these relevant forms:

• Notice to Terminate a Tenancy (Form 1): This is the primary form a landlord must use when seeking to end a tenancy. It must state the reason and give notice as required by the Act. Access Form 1 here. As a tenant, you may receive this form for reasons including personal use, but the information must be truthful and comply with legal standards.
• Application for an Order (Form 5): If you believe your landlord is acting in bad faith, you can fill out this form to request a hearing at the Nunavut Rental Office. View Form 5 here. For example, you might use this to claim compensation after a proven bad-faith eviction.

Remember, time limits apply. File your application as soon as you gather evidence.

Filing a Complaint: The Nunavut Rental Office

Nunavut tenancy disputes, including bad-faith eviction claims, are handled by the Nunavut Rental Office. This is the government tribunal for residential tenancies. Submit your complaint, documentation, and forms directly to this office for resolution.

Common Outcomes for Tenants

If your claim is successful, the Rental Office may order your landlord to pay compensation, cover moving expenses, or issue orders for wrongful eviction. Every situation is considered on a case-by-case basis, so strong documentation is vital.

If you're looking for new rentals after an eviction, Find rental homes across Canada on Houseme with updated listings and helpful search tools.

FAQ: Bad-Faith Evictions in Nunavut

1. What is a "bad-faith" eviction?
   A bad-faith eviction occurs when a landlord claims a legal reason (like moving in themselves or selling the property) to remove you but has no genuine intention of acting on that reason.
2. What can I do if I suspect a bad-faith eviction?
   Gather evidence, maintain detailed records, and quickly apply to the Nunavut Rental Office using Form 5 for a hearing about your situation.
3. How much notice does my landlord have to give me for personal use in Nunavut?
   Generally, landlords must provide at least three months’ written notice for most personal-use evictions, unless your rental agreement specifies a different period.
4. Can I recover moving costs if my landlord evicts me in bad faith?
   Yes. If the Rental Office finds your landlord acted in bad faith, you may be awarded compensation for expenses linked to the eviction.
5. Where can I get more information on tenant rights in Nunavut?
   Visit the official Tenant Rights and Landlord Rights in Nunavut page for a complete overview.

Key Takeaways for Nunavut Tenants

• Always check that a landlord's eviction reason is clear, specific, and genuine.
• Keep detailed notes and documentation if you suspect bad faith.
• Act quickly—file complaints as soon as you have proof.

Understanding your rights helps you stay protected throughout the tenancy process.

Need Help? Resources for Tenants

• Nunavut Rental Office – Submit complaints, forms, and get help with tenancy problems.
• Nunavut Residential Tenancies Act – Official legislation details.
• Tenant Rights and Landlord Rights in Nunavut – Key facts for tenants and landlords in Nunavut.

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1. "Nunavut Residential Tenancies Act." Nunavut Department of Justice. Read the full Act.
2. "Residential Tenancies Office." Government of Nunavut. Visit the Rental Office.

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