Evicting a Roommate in Nunavut: Legal Steps for Tenants

If you’re living with a roommate in Nunavut and the shared arrangement is no longer working, you may be wondering how to lawfully have your roommate move out. In Nunavut, the process for removing a roommate depends on whether you are both on the lease or if your roommate is an unofficial occupant. This guide covers the legal steps to take, your rights as a tenant, essential forms, and provincial contacts to ensure your action follows Nunavut’s rental laws.

Understanding Roommate Eviction in Nunavut

Roommate disputes can be stressful, but it’s important to understand your legal position before taking any action. In Nunavut, the Residential Tenancies Act (RSA, 1988) sets the rules for rental agreements and ending a tenancy¹. The Nunavut Office of Residential Tenancies handles tenancy disputes and provides official forms and guidance for residential housing situations.

Roommate eviction procedures in Nunavut depend on how your roommate occupies the rental:

• Both Tenants on Lease: If both your names are on the lease, you generally cannot evict your roommate. Only the landlord can end their tenancy using proper legal process. Communication with your landlord or the tribunal is required.
• Roommate Is Not On Lease (Unapproved Occupant): If your roommate is not named on the lease and you are the official tenant, you may have more options. However, you’re still required to act within Nunavut's laws, and your landlord may need to be involved.

Always review your lease agreement to verify who is legally considered a tenant. For more on what happens after you sign a rental contract, visit What Tenants Need to Know After Signing the Rental Agreement.

Official Steps: How to Remove a Roommate in Nunavut

The legal steps you must follow depend on your situation. Let’s break down the process according to the two most common roommate scenarios.

If Both Parties Are on the Lease

• You cannot independently evict your roommate. The lease gives equal rights to both tenants. Only the landlord, using the proper legal process, can remove a tenant.
• Try Mediation: Consider open communication or conflict resolution before escalating the issue. The Office of Residential Tenancies in Nunavut can sometimes assist with mediation.
• Landlord Involvement: If mediation fails, contact the landlord or property manager to discuss potential solutions. They may apply to terminate the tenancy for breaches of the agreement under the Residential Tenancies Act.

If the Roommate Is Not on the Lease

• You are responsible for anyone living with you. Most lease agreements prohibit subletting or additional occupants without the landlord’s approval.
• If the roommate is an unapproved occupant, you may ask them to leave. Written notice is recommended (for example: “I am ending our informal roommate agreement; please leave by [date]”).
• If your roommate refuses to leave, your landlord may need to serve a formal notice or apply to the Office of Residential Tenancies to regain possession.
• Avoid attempting to physically remove another occupant yourself. Legal eviction can only be enforced by a tribunal order or law enforcement after proper procedures are completed.

Summary: In Nunavut, you cannot evict a co-tenant on your own. For a non-leaseholder roommate, give written notice and, if necessary, involve your landlord or the Office of Residential Tenancies.

Important Forms and Where to Get Help

You may need to use official forms if the situation escalates. Here are relevant forms and their usage:

• Tenant’s Notice to Terminate Tenancy (Form A): Use when you wish to end your own tenancy with proper notice. Available from the Nunavut Office of Residential Tenancies (download forms).
• Application to Office of Residential Tenancies (Form C): The landlord uses this if a non-tenant occupant refuses to leave after notice. This results in a formal hearing to resolve the dispute.

For details on rights and steps after a rental contract ends, see How to Properly End Your Rental Agreement as a Tenant.

Never attempt to lock out or remove a roommate by force without a tribunal or court order. Doing so could result in legal consequences.

Your Rights Under Nunavut’s Tenancy Laws

The Residential Tenancies Act (RSA, 1988) protects the rights of tenants and landlords in rental housing. For a comprehensive summary, visit Tenant Rights and Landlord Rights in Nunavut.

Tenants must:

• Follow proper legal steps to end tenancy
• Communicate with landlords about changes to the number of occupants
• Not deny access or forcibly remove other occupants

Landlords must:

• Follow legal process to evict, including providing notice and applying to the tribunal as required
• Not harass or unlawfully remove anyone from the unit

Practical Considerations for Tenants

• Document all communications in writing when asking your roommate to move out
• Review your lease to understand if subletting or adding roommates is allowed
• If you feel unsafe, contact local authorities or tenant support services for help

For more general advice on moving out, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

If you’re searching for a new place after your roommate situation changes, Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can I evict my roommate if their name isn’t on the lease?
   Generally, you may provide written notice to an unofficial roommate to leave, but if they refuse, your landlord or the Office of Residential Tenancies (ORT) must handle the legal eviction process.
2. What if my roommate and I are both listed as tenants?
   You can’t evict a co-tenant yourself. Only your landlord, through the proper tribunal-approved process, may apply to remove either party.
3. What forms do I need to start the process?
   If you wish to end your own lease, use Form A (Tenant’s Notice to Terminate Tenancy). If an unofficial occupant refuses to leave, your landlord submits Form C (Application to ORT).
4. Is it legal to change the locks to remove my roommate?
   No. Changing locks or physically removing a person from a rental unit without a legal order can result in penalties against you.
5. Where can I get help if the situation becomes unsafe?
   Contact the Office of Residential Tenancies or local law enforcement for support and guidance.

Key Takeaways for Tenants

• Removing a roommate in Nunavut must follow specific legal processes based on whether they are a tenant or an unofficial occupant.
• Avoid “self-help” evictions—use written notice, involve your landlord, and contact the ORT if needed.
• Always consult Nunavut’s Residential Tenancies Act and seek support from official agencies when in doubt.

Need Help? Resources for Tenants

• Nunavut Office of Residential Tenancies: Information, forms, and dispute resolution for rental matters. Phone: 1-866-223-8139
• Community Legal Assistance Nunavut: Free or low-cost legal support for Northern tenants
• For general advice see Tenant Rights and Landlord Rights in Nunavut
• Nunavut Department of Justice Victim Services: For safety concerns or harassment (1-866-456-5216)

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1. Residential Tenancies Act (Nunavut), available at Nunavut Government: Residential Tenancies
2. Nunavut Office of Residential Tenancies: https://www.gov.nu.ca/tenancy

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