Eviction Over a Pet in Nunavut: Tenant Rights and Steps to Take

Navigating an eviction threat because of a pet in Nunavut can be stressful and confusing. Whether you’re a long-time pet owner or new tenant, it’s important to know your legal rights under Nunavut’s rental laws, how to respond to your landlord, and where to seek further support. This comprehensive guide breaks down what Nunavut tenants should do if they receive an eviction notice over having a pet in their home.

Understanding Pets and Rental Laws in Nunavut

Nunavut tenants are governed by the Nunavut Residential Tenancies Act¹. The law does not universally prohibit pets, but individual tenancy agreements may include pet restrictions or requirements. Before taking action, carefully review your lease for any clauses about pets.

• Some leases forbid all pets. Violating a clear pet ban can be grounds for eviction if properly stated in your agreement.
• Other leases allow pets with conditions like size, number, or prior approval.
• If there is no clause about pets, a landlord cannot demand eviction solely for having one unless the pet causes significant problems.

In all cases, landlords must still follow proper eviction procedures.

When Can a Nunavut Tenant Be Evicted Over a Pet?

Landlords can only evict a tenant over a pet if:

• The lease or house rules explicitly prohibit pets, and the tenant brings one in without permission.
• The pet causes damage, excessive noise, disturbances, or health/safety issues to the property or others in the building.
• The presence of the pet violates local bylaws or safety standards.

If your pet is not causing problems and your lease is silent about pets, eviction may not be justified. Learn more in Health and Safety Issues Every Tenant Should Know When Renting.

Your Rights When Facing a Pet-Related Eviction

Receiving an eviction notice can be intimidating, but as a Nunavut tenant you have rights. Here’s what you need to know:

• Your landlord must provide you with a formal written notice giving the reason for eviction and a date to vacate.
• You have the right to challenge the eviction if you believe it’s unfair or not in accordance with your lease or Nunavut law.
• Landlords cannot remove your belongings or change your locks without an official order.

Key Steps to Take If You Receive an Eviction Notice Over a Pet

Here’s what to do if your landlord threatens to evict you over a pet:

• Read the eviction notice carefully. Look for the stated reason, notice period, and any reference to your lease agreement.
• Review your lease terms about pets. Note if there’s an explicit ban, conditional allowance, or if it’s silent.
• Document everything. Keep photos of your unit, records of your pet’s behaviour, and communications with your landlord.
• Respond promptly in writing. If you disagree with the notice, write to your landlord and explain (calmly) your position, referencing your lease and any evidence.
• Apply to the Office of the Residential Tenancies Tribunal (Nunavut) if you wish to dispute the eviction or need a formal legal resolution.

Remember, Common Issues Tenants Face and How to Resolve Them offers additional strategies when dealing with conflicts and possible eviction threats.

Filing a Dispute with Nunavut’s Office of Residential Tenancies Tribunal

The Office of Residential Tenancies Tribunal (Nunavut) handles all landlord-tenant disputes, including those involving pets and evictions.

• Form Name: Application for Dispute Resolution (no formal number assigned).
  Official link: Application for Dispute Resolution
• When to use: If you want to challenge a pet-related eviction, negotiate a solution, or ask for time to remedy the issue.
• Example: If your landlord serves you with a 14-day eviction notice claiming your dog is noisy, but you disagree and have no prior complaints, you can file this form to ask for a hearing.

Reasonable Pet-Related Accommodations

In some cases, tenants may have a right to keep a pet as a disability accommodation under human rights law. If this is relevant, discuss your needs in writing with your landlord before proceeding. The tribunal can review such applications.

What About Pet Deposits?

Nunavut law does not require landlords to allow a special “pet deposit.” However, if you paid an extra deposit for a pet, be sure to document its amount and the terms of refund. See Understanding Rental Deposits: What Tenants Need to Know for more guidance on deposits in Nunavut.

Staying Informed and Finding New Pet-Friendly Rentals

If you must find a new home due to pet-related eviction, you have options. Search pet-friendly rentals on Houseme.ca to find suitable housing anywhere in Canada, including Nunavut’s communities.

For more details on your overall rights and local policies, see Tenant Rights and Landlord Rights in Nunavut.

FAQ: Facing Pet-Related Eviction in Nunavut

1. Can my landlord evict me for having a pet if my lease is silent on pets?
   In Nunavut, if your lease does not mention pets and your pet is not causing damage or disturbance, eviction solely for having a pet is usually not considered valid. However, always review your individual circumstances and consider seeking legal advice.
2. Do I get any notice before I have to move out because of my pet?
   Yes. Your landlord must give you written notice according to the Nunavut Residential Tenancies Act, which typically requires at least 14 days for breaches such as unauthorized pets.
3. What can I do if my pet is an emotional support animal or part of a disability accommodation?
   If your pet provides support for a disability, you may have additional protections under human rights law. Write to your landlord and seek legal help or file for dispute resolution if needed.
4. What government office helps tenants who are being evicted?
   The Office of Residential Tenancies Tribunal (Nunavut) can review your case and help resolve disputes.

Key Takeaways for Tenants

To recap, Nunavut tenants facing eviction due to a pet should:

• Read your lease and the eviction notice thoroughly.
• Know your rights under the Nunavut Residential Tenancies Act.
• Respond promptly and seek formal dispute resolution if necessary.
• Explore pet-friendly rental listings if you need to move.

Document everything and don’t hesitate to get help from tenant support services when needed. By understanding the law, you can better protect yourself and your pet.

Need Help? Resources for Tenants

• Office of Residential Tenancies Tribunal (Nunavut) – Information, forms, and dispute resolution.
• Application for Dispute Resolution Form (Nunavut)
• Government of Nunavut – Department of Justice
• Local Nunavut legal aid clinics and tenant advocacy offices
• Find more rental resources: Search pet-friendly rentals on Houseme.ca

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1. Nunavut Residential Tenancies Act: Official Nunavut Government Legislation
2. Office of Residential Tenancies Tribunal (Nunavut): Official Tribunal Information
3. Application for Dispute Resolution Form: Download the Form (Nunavut)

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