Eviction for Alleged Damages: Tenant Rights in Nunavut

If you’re a tenant in Nunavut and your landlord claims you caused damage to your rental unit, you might be worried about facing eviction. Understanding your rights and the proper legal process can make a real difference. This guide explains what Nunavut law says about eviction for damages, your protections, and the steps you can take if you disagree with your landlord's claim.

Tenant and Landlord Responsibilities for Damage

Under Nunavut's Residential Tenancies Act (Nunavut)¹, both landlords and tenants have clear obligations:

• Tenants must keep the rental unit clean and not cause willful or negligent damage.
• Landlords are responsible for regular maintenance and repairs not caused by tenants.

If damage occurs, it’s important to know the difference between:

• Normal wear and tear (which is not your responsibility) and
• Actual damage (for which you may be liable).

Review more about landlord and tenant duties in the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

Eviction Process for Alleged Damages in Nunavut

Before any eviction, Nunavut law requires your landlord to follow specific steps. You cannot be removed from your home without proper notice and a clear reason. "Cause" for eviction includes significant damage caused by the tenant or their guests.

Notice to Terminate

• Your landlord must give you a written notice stating the reason for eviction (e.g., alleged damage), how you can remedy the situation (if possible), and when you must vacate.
• The notice period may be no less than five days for severe cases, but can vary. Check the exact timeframe in your notice and the Nunavut Court of Justice - Tenancy Guide².

Disputing an Eviction Notice

If you disagree with the damage claim or the eviction notice, you have the right to dispute it.

• Write to your landlord explaining your side and provide any evidence (photos, receipts, inspection reports).
• If your landlord proceeds to seek eviction, the matter may go to the Nunavut Court of Justice, which is the main authority for tenancy disputes in Nunavut.

You can apply for a hearing where both you and your landlord will present your evidence.

Key Forms for Nunavut Tenants Facing Eviction for Damages

• Notice to Terminate (by Landlord): This is usually a written letter from your landlord. There is no standard mandatory form in Nunavut, but it must comply with the Act’s requirements (reason, notice period, possible remedy).
• Application to Court for Tenant: If you wish to contest the notice or eviction, you can file an Application to the Nunavut Court of Justice. Complete the Tenant Application Form.
  When to use it: If you believe the eviction notice is unfair or that you did not cause the alleged damage.
  How to use: Fill out the form, include your evidence, and submit it to the Court as instructed.
  Official Form: Tenant Application (Nunavut Court of Justice)

Inspections, Evidence, and Protecting Yourself

It's best practice to document the property’s condition when you move in, and again when moving out or after any maintenance. This protects you if there are disputes about damages later.

• Take dated photos and keep records of communications with your landlord.
• If possible, complete a move-in inspection checklist together with your landlord. For more on this, read the Guide to the Initial Rental Property Inspection for Tenants.

What Happens to Rental Deposits?

If your landlord claims you caused damage, they may try to keep part or all of your rental deposit. Nunavut law requires that deposits only be used to cover unpaid rent or proven damages, not normal wear and tear. You have the right to ask for a breakdown (an itemized list) of how the deposit is being used.

Quick Reference: Tenant Rights in Eviction for Damages (Nunavut)

• Your landlord must give you a written notice with a valid reason.
• You can dispute the claim in the Nunavut Court of Justice.
• Deposits must only be used for proven damages beyond normal wear and tear.

For a full overview of tenant legal protections in Nunavut, visit Tenant Rights and Landlord Rights in Nunavut.

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FAQ: Eviction for Alleged Damages in Nunavut

1. What counts as damage (versus normal wear and tear)?
   Normal wear and tear includes minor marks or faded paint from regular living. Damage means things like broken windows, holes in walls, or missing fixtures—generally anything beyond ordinary use.
2. Can a landlord keep my entire deposit for alleged damages?
   No. Your deposit can only be used to cover the cost of proven damages and unpaid rent. The landlord must provide an itemized list and receipts if available.
3. Do I have to move out immediately if I receive an eviction notice for damages?
   Generally, you do not have to leave right away. The notice must specify a date, and you have the right to contest the eviction.
4. How do I dispute an eviction notice I think is unfair?
   Respond to your landlord in writing, collect evidence, and file a Tenant Application with the Nunavut Court of Justice before the notice period ends.
5. Will I be able to attend a hearing to explain my side?
   Yes, both the landlord and tenant can attend a hearing where evidence is reviewed and both sides are heard before a decision is made.

Conclusion: Key Takeaways for Nunavut Tenants

• You cannot be evicted for alleged damages without written notice and a chance to respond.
• Document the condition of your rental to protect yourself.
• You can contest any eviction by applying to the Nunavut Court of Justice.

For eviction disputes over damages, act quickly, gather evidence, and know your rights under Nunavut law.

Need Help? Resources for Tenants

• Nunavut Court of Justice – Tenant/Landlord Dispute Information
• Nunavut Legal Aid – Free legal support for tenants
• Government of Nunavut – Tenant Information

1. Residential Tenancies Act (Nunavut): Read the Act
2. Nunavut Court of Justice tenancy information: Official Court Information
3. Nunavut Tenant Application Form: Get the form