Fight an Eviction in Nunavut: Tenant Rights & Steps

If you're a tenant in Nunavut facing eviction, it can feel overwhelming and stressful. Knowing your legal rights and the correct procedures can help you respond effectively and possibly prevent the loss of your home. This guide breaks down the eviction process in Nunavut, explains how to challenge an eviction notice, and outlines where to seek help under Nunavut's laws.

Who Handles Evictions in Nunavut?

The Office of the Rental Officer of Nunavut manages residential tenancy disputes, including eviction questions, applications, and hearings.^[1]

Eviction Reasons Permitted Under Nunavut Law

Landlords can only evict tenants for reasons allowed under the Nunavut Rental Agreements Act.^[2] Common reasons include:

• Not paying rent on time
• Damaging the property
• Repeated late payment of rent
• Disturbing other tenants
• Landlord requires the unit for their own use (with proper notice)

Landlords must follow specific procedures, and you have the right to challenge any notice that you believe is unfair or incorrect. Learn more about your Tenant Rights and Landlord Rights in Nunavut.

Receiving an Eviction Notice: First Steps

When you receive a Notice to Terminate (eviction notice), review it carefully. It must include exact reasons and the date your tenancy is set to end.

• Check for mistakes: Make sure the landlord has followed the proper process and given you the right amount of notice.
• Document everything: Keep copies of notices, communications, and receipts.
• Contact the Rental Officer: If you believe the eviction is not valid, contact the Rental Officer immediately to dispute it.

How to Dispute an Eviction in Nunavut

Tenants can apply to the Rental Officer to dispute an eviction. This gives you a chance to explain your side and show evidence.

Official Process and Forms

• Application to the Rental Officer: Complete either an “Application by Tenant” or “Request for Hearing/Order” form, available from the Rental Officer's website.
  Example: If you receive a notice for late rent, but you paid on time and have proof, submit an Application by Tenant with your evidence.
• Submit the form as soon as possible—the deadline is often very short (sometimes as little as 7 days).
• Keep a copy of all paperwork and proof you submitted.

What Happens After You Dispute the Eviction?

After submitting your form, the Rental Officer will review your application and set a hearing date. Both you and your landlord will have a chance to speak and present evidence.

• If the Rental Officer finds in your favour, the eviction notice can be cancelled or amended.
• If the Rental Officer agrees with the landlord, you may be ordered to leave by a specific date.

Common Defences Against Eviction

There are several reasons you may be able to successfully fight an eviction in Nunavut:

• The landlord gave the wrong amount of notice or used the wrong form
• The eviction reason is not allowed under the Rental Agreements Act
• The issue has already been resolved (for example, you paid the rent owed)
• You did not breach any terms of your rental agreement

It's also a good idea to understand your ongoing responsibilities as a tenant. Read about the Obligations of Landlords and Tenants: Rights and Responsibilities Explained to strengthen your case.

What to Do If Repairs or Safety Are the Issue

If your landlord is trying to evict you for complaining about repairs, remember that it's illegal for landlords to do so as retaliation. You are entitled to live in a safe, well-maintained home. See Health and Safety Issues Every Tenant Should Know When Renting for your rights around repairs and habitability.

Staying in Your Home During the Eviction Process

Eviction is not automatic—the landlord must wait for an order from the Rental Officer before you have to leave. Until a final decision is made, you have the right to remain in your home unless a Rental Officer orders otherwise.

What If You Still Have to Move?

If the eviction stands after the hearing, you must leave the rental unit by the date set in the Rental Officer's order. If you leave or are evicted, you are still owed your security deposit (minus any appropriate deductions). Learn about Understanding Rental Deposits: What Tenants Need to Know when moving out.

Explore More Rental Options

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FAQs: Eviction Disputes in Nunavut

1. What is the minimum notice period for eviction in Nunavut?
   The required notice period depends on the reason, but it's usually 14 days for issues like non-payment of rent and 30 days for most other reasons.
2. Can my landlord evict me without an order?
   No, landlords must apply to the Rental Officer and receive an order before you are legally required to leave.
3. What if I can't attend my eviction hearing?
   Contact the Rental Officer immediately to reschedule; missing your hearing could result in the eviction proceeding without your input.
4. Do I have to keep paying rent during the eviction process?
   Yes, you must continue to follow all terms of your rental agreement—including paying rent—unless the Rental Officer decides otherwise.
5. Where can I find more details about Nunavut tenancy law?
   See Tenant Rights and Landlord Rights in Nunavut for a summary and links to legislation.

Key Takeaways

• Evictions in Nunavut must follow the Rental Agreements Act—know your rights and the process.
• Tenants can dispute eviction notices through the Office of the Rental Officer using official forms.
• Keep records, respond quickly, and seek help if needed to protect your tenancy.

Need Help? Resources for Tenants

• Office of the Rental Officer of Nunavut – Explain your situation or file dispute forms.
• Nunavut Rental Agreements Act – Read the full legislation online.
• Legal assistance may be available through the Nunavut Legal Aid Service.
• Contact local tenant support organizations, housing advocates, or community legal clinics for additional advice.
  

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1. Government of Nunavut – Office of the Rental Officer
2. Government of Nunavut – Rental Agreements Act

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