Eviction for Non-Payment of Rent: Tenant Rights in Nunavut

If you’re a tenant living in Nunavut, understanding what happens if you fall behind on rent is essential to protect your home and know your options. The rules for eviction, rent payments, and tenant rights come from Nunavut’s Residential Tenancies Act and are overseen by the Office of Residential Tenancies. This guide explains the eviction process for non-payment of rent, what documents are used, your rights throughout, and practical steps to respond.

Eviction for Non-Payment of Rent in Nunavut: Key Facts

In Nunavut, landlords can start the process to evict a tenant if rent is not paid by the due date set out in your rental agreement. However, specific rules and steps must be followed before you are required to leave. Tenants have rights, and you may be able to stay if you resolve the missed payment quickly.

The Eviction Process: Step by Step

Here’s what usually happens in Nunavut if you miss a rent payment:

• Rent Due: Rent must be paid on the date specified in your rental agreement.
• Late or Missed Payment: If rent is not paid, your landlord can serve a written notice to end your tenancy.
• Notice Form (Termination Notice): The official notice is called a "Notice of Termination" (there is no special form number in Nunavut, but the notice must be in writing).
• Notice Period: For non-payment of rent, the landlord must give at least 14 days’ notice before the termination date. This means you generally have 14 days from when you receive the notice to pay your outstanding rent or move out.

If you pay all outstanding rent and any additional late fees before the termination date, the notice is cancelled, and you can stay in your rental.[1]

Submitting Payment or Disputing the Notice

• If you pay the full rent owing before the termination date, your tenancy continues as normal.
• If you do not pay before the deadline, the landlord can apply to the Office of Residential Tenancies for an order to end your tenancy and evict you.
• Tenants have the right to respond at a hearing if the matter goes to the Office of Residential Tenancies.

It’s always a good idea to communicate with your landlord if you’re having trouble paying rent. Some landlords may agree to a payment plan or partial payment.

Understanding Your Rental Agreement and Payment Responsibilities

Your rental agreement (whether written or verbal) should clearly state the rent due date and any late payment penalties. Understanding your payment responsibilities helps avoid disputes. For more on rent payment best practices and your rights, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

The law protects both parties: tenants must pay rent on time, while landlords must follow the correct process before ending a tenancy. For a broader overview, visit Tenant Rights and Landlord Rights in Nunavut.

Official Forms and Where to Find Them

• Notice of Termination (Non-Payment of Rent): Used by landlords to start eviction due to missed rent. Must be a written document stating the termination date (at least 14 days after service).
  • Learn more at Government of Nunavut: Residential Tenancies
  Example: If your rent is due June 1 and not paid by the 2nd, your landlord might issue a notice on June 3 requiring payment or move-out by June 17 (14 days later).
• Application to the Office of Residential Tenancies: If you do not pay and do not leave, the landlord can apply to the Office for an Order of Possession to formally evict you.
  • Application process details

After Receiving an Eviction Notice: What Should Tenants Do?

• Read the notice carefully. Note the termination date and the amount allegedly owed.
• Contact your landlord immediately if you have questions or can pay the rent.
• If you believe the notice is unfair (e.g., amounts are wrong, you never received a notice), prepare for a possible hearing at the Office of Residential Tenancies.
• Keep all written communications and proof of any payments made.

For more tips on your responsibilities and what to expect once your tenancy starts, see What Tenants Need to Know After Signing the Rental Agreement.

You can also Explore Houseme for nationwide rental listings if you’re searching for your next home in Nunavut or elsewhere in Canada.

FAQ: Eviction and Rent Issues in Nunavut

1. How much notice does my landlord need to give for non-payment of rent?
   At least 14 days' written notice is required before the termination date for non-payment of rent in Nunavut.
2. Can I stop the eviction by paying the rent after I receive a notice?
   Yes. If you pay the full amount owing (including any late fees) before the termination date, your landlord must cancel the eviction notice and your tenancy continues.
3. What if I disagree with the landlord about what I owe?
   You have the right to attend a hearing at the Office of Residential Tenancies and present your side.
4. Are there extra penalties for late rent?
   Only if such penalties are described in your rental agreement and they comply with Nunavut's tenancy laws.
5. Where can I get help if I face eviction in Nunavut?
   You can contact the Office of Residential Tenancies or local tenant support services listed below.

Key Takeaways for Nunavut Tenants

• Landlords must give at least 14 days’ notice before eviction for non-payment of rent.
• Paying the full rent owing before the deadline usually stops the eviction process.
• You have the right to a fair hearing if you dispute the eviction.
• Always keep records of payments and communications with your landlord.

If you act quickly and know your rights, you have options to avoid losing your home.

Need Help? Resources for Tenants in Nunavut

• Office of Residential Tenancies (Nunavut Justice): Official website and forms
• Residential Tenancies Act (Nunavut): Read the full legislation
• For information on your rights, rentals, and updates: Tenant Rights and Landlord Rights in Nunavut
• Local community legal clinics or public legal education offices can also provide assistance.

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1. Government of Nunavut. Residential Tenancies: Information and Forms.
2. Nunavut Residential Tenancies Act. Read full legislation.

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