Eviction Checklist for Nunavut Tenants: Know Your Rights

If you’re facing a possible eviction in Nunavut, it’s important to understand your rights, responsibilities, and the legal process. This practical checklist will guide you through each stage—from getting a notice to preparing for hearings, understanding your options, and making a smooth move if needed. Knowing Nunavut’s laws and your rights can give you confidence and reduce stress during a challenging time.

Understanding Nunavut’s Eviction Process

Evictions in Nunavut are governed by the Residential Tenancies Act (Nunavut)^[1]. Landlords can only evict a tenant for reasons permitted by law, such as unpaid rent, substantial damage, or the landlord’s personal use. The Nunavut Residential Tenancies Office (RTO) oversees rental disputes, eviction applications, and enforcement of tenancy rules.

What Counts as a Legal Notice to End Tenancy?

• Written Notice: Must include the reason, date, and signature.
• Proper Service: Notice must be delivered according to Nunavut law—this usually means in person, by mail, or as otherwise provided in your lease.

If you receive a notice, don’t ignore it. Review the details right away and check your specific rights here: Tenant Rights and Landlord Rights in Nunavut.

Eviction Checklist for Nunavut Tenants

Each eviction follows certain steps. Use this list to protect your interests:

• 1. Receive and Read the Notice: Carefully check why you’re being asked to leave and the date listed.
• 2. Check if the Reason is Legal: Only certain reasons are allowed, such as unpaid rent, illegal activity, or landlord needing the property.
• 3. Review Your Lease and Tenancy Law: Compare the notice against your signed rental agreement and Nunavut legislation.
• 4. Contact the RTO: For questions, consult the Residential Tenancies Office for guidance.
• 5. Respond Promptly: If you disagree, submit a written objection or application to the RTO as soon as possible.
• 6. Prepare Evidence: Gather documents like your lease, payment records, correspondence, and photos.
• 7. Attend the Hearing: If a hearing is scheduled, show up prepared with evidence and questions.
• 8. Abide By the Decision: If an eviction order is granted, follow the move-out timeline or discuss options with your landlord or the RTO.
• 9. Secure Your Security Deposit: Document the condition of the unit, request a walk-through, and ask about deposit return. For more details, see How to Get Your Security Deposit Back with Interest When Moving Out.
• 10. Make Moving Arrangements: Plan your move and confirm change-of-address details. Explore Houseme for nationwide rental listings if you need a new place.

Main Forms and How to Use Them

• Application to the Residential Tenancies Office (Form 1): Use this to challenge an eviction notice or make a complaint.
  Example: If you believe your eviction notice is unfair or not served properly, fill out Form 1 and submit it to the RTO as soon as possible. Download Form 1 from the Nunavut government.
• Notice to Terminate Tenancy: Landlords must use formal written or RTO-approved forms when ending a tenancy.

If you’re uncertain which forms to use or how to complete them, the RTO or local housing office can help.

Your Rights and Responsibilities During Eviction

Even if eviction is underway, tenants in Nunavut maintain important rights:

• The right to stay unless an RTO order is issued
• The right to a hearing and to present your side
• The right to safe, well-maintained housing until the end of your tenancy
• The right to request your deposit back, minus only lawful deductions

For a deeper understanding, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Happens After an Eviction Order?

If the RTO issues an eviction order, you’ll get a move-out deadline. Not leaving on time can lead to legal enforcement and extra costs. You have a right to appeal under certain circumstances—consult the Residential Tenancies Office for help.

Frequently Asked Questions about Eviction in Nunavut

1. Can my landlord evict me without a written notice in Nunavut?
   No. Your landlord must always give you a written notice that clearly states the reason for eviction and provide proper notice as required by Nunavut law.
2. How much notice should I get before eviction?
   The notice period depends on the reason. For unpaid rent, it could be as short as 14 days; for other reasons, it may be longer. Check your notice or contact the RTO to verify.
3. What should I do if I disagree with the eviction?
   You should submit an objection or application to the Residential Tenancies Office using the correct form as soon as possible, and attend any scheduled hearing.
4. Do I get my security deposit back after being evicted?
   Yes, unless the landlord makes lawful deductions (such as unpaid rent or damage). Document the unit’s condition to protect your deposit rights.
5. Where can I find support and advice during the eviction process?
   Contact the Nunavut RTO, local housing office, or tenant advocacy services for help understanding your rights and responsibilities.

How To Respond to an Eviction Notice in Nunavut

1. How do I challenge an eviction notice in Nunavut?
   Review your notice, gather evidence, and promptly submit Form 1 to the RTO explaining your reasons to dispute the eviction.
2. How can I prepare for an eviction hearing?
   Organize all relevant documents, bring witnesses if needed, and prepare clear explanations for the tribunal.
3. How do I make sure I get my deposit back?
   Request a joint move-out inspection, photograph the unit, and submit a written request for the deposit along with your new address.

Key Takeaways

• Evictions must follow strict legal steps in Nunavut—always check the official notice and your lease.
• Tenants have the right to respond, gather evidence, and attend hearings at the Nunavut Residential Tenancies Office.
• Plan your move carefully and protect your security deposit with proper documentation.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office: Information, forms, hearings, and guidance
• Find your local community housing office for in-person support
• Nunavut Legal Aid: Free legal services if you qualify
• Government facts: Tenant Rights and Landlord Rights in Nunavut

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1. Residential Tenancies Act (Nunavut)
2. Nunavut Residential Tenancies Office
3. Form 1 – Application to the Residential Tenancies Office

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