Can I end my tenancy if the landlord doesn’t give me possession?

Yes, Nunavut law allows you to terminate your lease without penalty if you are unable to take possession on the agreed move-in date.

Am I owed compensation for costs if there is a delay?

You may claim reasonable out-of-pocket expenses, such as hotel or storage costs, due to a delayed possession. Keep your receipts for proof.

Who handles rental disputes in Nunavut?

The Nunavut Rental Office and Rental Officer oversee all tenancy disputes, including delayed possession situations.

How do I apply for an order or remedy after a delayed possession?

Fill out and submit Form 1 (Application for Order) to the Nunavut Rental Office, including your evidence for the dispute.

Can I get my deposit back if tenancy is terminated before moving in?

If your tenancy is terminated due to delayed landlord possession, you are typically entitled to a full deposit refund.

Delayed Landlord Possession in Nunavut: Tenant Rights & Solutions

Moving In / Out Nunavut published: June 20, 2025

Moving into a new rental home in Nunavut should be an exciting transition. But if your landlord fails to give you possession of your unit on the agreed date, the experience can become stressful and confusing. This situation—known as delayed landlord possession—is more common than many realize, especially given Nunavut’s unique housing challenges and remote communities. Understanding your rights and what steps you can take ensures you’re protected and prepared.

Understanding Possession Delays

Possession means your right to take occupancy of the rental unit on the start date listed in your rental agreement or lease. When a landlord does not provide access on this date (for example, because a previous tenant hasn’t left, repairs are incomplete, or there’s an administrative error), it is considered a delay in possession. Nunavut tenants have specific remedies under local tenancy law when this happens.

Legal Protections for Tenants in Nunavut

Nunavut’s rental housing is governed by the Residential Tenancies Act (Nunavut)^[1]. The Act ensures your right to take possession (“possession of the rental premises”) as stated in your tenancy agreement. If your landlord does not give you possession on time, you have rights and possible remedies under the law.

Right to End the Agreement: You may have the option to terminate the lease without penalty if you are unable to move in due to the landlord's delay.
Right to Compensation: You may be entitled to compensation for any proven losses, such as costs for temporary accommodation or moving expenses.
Right to Alternate Remedies: In some cases, the rental officer (Nunavut’s rental authority) can order other remedies.

If you are unsure about your obligations after signing your agreement but before moving in, see What Tenants Need to Know After Signing the Rental Agreement.

What To Do If You Experience a Possession Delay

Document Everything: Keep a record of your rental agreement, any communication with the landlord, and receipts for expenses (like hotel stays or storage).
Contact the Landlord: Ask for a written explanation about the delay. Find out when the unit will be ready and if the landlord can offer compensation or alternate arrangements.
Consider Termination: If the delay is significant, you may want to end the agreement and look for another rental.
Apply to Nunavut’s Rental Office: If problems can’t be resolved, you can apply for a remedy. See the steps below.

Tip: The sooner you act after discovering a delay, the more options you'll have and the easier it will be to prove any losses for compensation.

Nunavut Rental Officer: How to Seek Help

The Nunavut Rental Office oversees residential tenancies and can review disputes between tenants and landlords, including delayed possession cases. Applications are handled by a rental officer who can order remedies such as lease termination or compensation.

Name of Tribunal: Nunavut Rental Office
Website: Nunavut Rental Office

Official Forms and How to Use Them

Application for Order of the Rental Officer (Form 1)
- Use: Submit this form if you wish to apply for an official order—such as compensation, permission to terminate your tenancy, or other remedies—when the landlord fails to give you possession.
- Where to find: Application for Order of the Rental Officer (Form 1, PDF)
- Example: If your landlord tells you the unit won’t be available for several weeks after your move-in date, and you’ve incurred extra costs, complete and submit this form to request compensation or to end your tenancy.

For more moving advice, see Essential Tips for Tenants When Moving Into a New Rental Home.

How Delayed Possession Affects Deposits and Payments

If you have paid a rental deposit or advance, you may be able to get a refund if the tenancy is terminated due to a possession delay. Learn more about your deposit rights in Understanding Rental Deposits: What Tenants Need to Know.

Don’t rush into a new rental without confirming when you’ll have legal possession. Confirm the move-in date in writing and keep all documents related to your tenancy agreement.

Looking for a backup plan? Find rental homes across Canada on Houseme if your Nunavut rental isn’t ready.

For a detailed overview of your region’s rights and obligations, see Tenant Rights and Landlord Rights in Nunavut.

Frequently Asked Questions: Delayed Possession in Nunavut

Can I end my tenancy if the landlord doesn’t give me possession?
Yes, Nunavut law allows you to terminate the agreement without penalty if you can't take possession on the agreed date. Remember to notify your landlord in writing.
Am I owed compensation for costs if there is a delay?
You may claim reasonable expenses like temporary accommodation or storage until you can access your unit. Keep all related receipts.
How do I apply for an order if there is a possession dispute?
Use Form 1 to apply to the Rental Office. Attach supporting documents such as your lease, receipts, and any communications about the delay.
Who handles rental disputes in Nunavut?
The Nunavut Rental Office, led by a Rental Officer, manages all tenancy disputes, including those about delayed possession.
Can I get my rental deposit back if I never move in?
If you terminate the tenancy because you never took possession, you often have the right to have your deposit returned in full.

Conclusion: Key Takeaways

Nunavut tenants have strong legal protections regarding delayed possession and can seek both remedies and compensation if needed.
Always document interactions and expenses, act quickly, and use official forms for claims.
The Nunavut Rental Office is your main resource for help and resolving disputes.

Need Help? Resources for Tenants

Nunavut Rental Office – For applications and dispute resolution
Government of Nunavut – Services and supports for residents
Local service agencies in your community may offer housing support and legal advice; check municipal resources