How to Challenge a Renoviction in Nunavut: Tenant's Guide

If you’re renting in Nunavut and have received an eviction notice due to renovations—a practice known as “renoviction”—it’s important to know that you have rights and options. Navigating a renoviction can feel overwhelming, but with the right information and resources, you can make informed decisions and potentially continue living in your home.

What Is Renoviction?

Renoviction refers to when a landlord asks tenants to move out so they can renovate or repair the property. In Nunavut, landlords must have a lawful reason and follow the rules set by the Nunavut's Residential Tenancies Office, which administers tenancy matters in the territory.

Your Rights as a Tenant Facing Renoviction in Nunavut

The Nunavut Residential Tenancies Act (RTA) sets out the rules for ending a tenancy because of renovations or repairs. Under the RTA, landlords can only ask you to leave in specific situations, and must give you written notice with clear reasons.

• The notice period is typically at least 60 days before the end of your rental term.
• Landlords must use the official Notice to Terminate – Landlord's Notice to Quit (Form 2) when seeking to end your lease for major renovations.^[1]
• If you disagree with the eviction, you have the right to challenge it.

Generally, cosmetic or minor repairs do not justify a renoviction. The renovations must be significant enough that continuing your tenancy is impossible.

Required Forms and How to Respond

Notice to Terminate – Landlord's Notice to Quit (Form 2)

• When used: Your landlord must serve this form to end your tenancy for major renovations where living in the unit isn’t possible.
• Where to find it: Official Form 2 (PDF)
• What to do: Carefully read the notice. If you believe the reason isn’t valid, or if the notice is incomplete, you have options to dispute it.

Application for Order (Tenant’s Response to Termination)

• When used: If you disagree with the renoviction, you can apply to the Residential Tenancies Office for a hearing.
• Where to find it: Application for Order – Tenant (PDF)
• What to do: Complete the form, attach a copy of the notice, and submit it promptly.

After you submit your response, a hearing will be scheduled. Prepare any evidence (photos, correspondence, etc.) showing the notice is unjustified or the renovations don’t require you to move.

How to Fight a Renoviction in Nunavut: Step-by-Step

If you want to challenge a renoviction, acting quickly is crucial. Here’s what you should do:

• Review the notice for accuracy: Ensure the landlord used the correct form and provided all required information.
• Check if the proposed renovations truly require you to leave. Minor work is not a valid reason for eviction.
• Respond in writing to your landlord and keep copies.
• Complete the Application for Order (Tenant) form and submit it to the Residential Tenancies Office as soon as possible.
• Gather evidence such as photos, correspondence, or independent assessments supporting your case.
• Attend the scheduled hearing or mediation, and present your side clearly.

Tenants in Nunavut have the right to challenge any eviction—including for renovations—that does not comply with the Nunavut Residential Tenancies Act.^[2]

Legislation and the Tribunal Handling Tenancies

The Nunavut Residential Tenancies Office is responsible for managing disputes, applications, and tenant-landlord issues. All decisions about renoviction are based on the Nunavut Residential Tenancies Act.

Learn more about the rules and your protections in Tenant Rights and Landlord Rights in Nunavut.

Tips for Protecting Your Rights

• Don’t feel pressured to leave until the legal process is complete.
• Communicate with your landlord in writing and save all records.
• Reach out for help if you feel unsure; tenant advocacy services can offer valuable support.

For more on landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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Frequently Asked Questions (FAQ)

1. Can my landlord evict me for minor repairs?
   No. In Nunavut, only significant renovations that make your home uninhabitable during the work can justify eviction.
2. What if the landlord re-rents my unit after a renoviction?
   This can be challenged, as the law requires landlords to act in good faith when ending a tenancy for renovations. Report any suspected bad-faith renovictions to the Residential Tenancies Office.
3. How soon must I respond to a termination notice?
   File your response as soon as possible after receiving the notice—ideally within a few days—to protect your rights.
4. Are there financial penalties for landlords who misuse renoviction rules?
   The Residential Tenancies Office can order remedies or compensation if a landlord improperly renovicts a tenant.
5. Do I still pay rent during the dispute process?
   Yes, you must continue paying rent until the legal process is resolved to avoid further issues.

In Summary: What Nunavut Tenants Should Remember

• Landlords must follow strict rules to renovict tenants, and you have a right to challenge any notice you believe is unfair.
• Promptly submit an Application for Order to dispute renovictions, and gather all evidence you can.
• Always use official government forms and keep communication in writing.

If you’re ever uncertain, contact the Nunavut Residential Tenancies Office or a tenant advocacy resource for personalized help.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office – Information, forms, and contact details for tenants and landlords (Phone: (867) 975-6590)
• Nunavut Legal Aid – Legal advice and resources for tenants
• Tenant Rights and Landlord Rights in Nunavut – Know your rights and obligations as a Nunavut tenant

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1. Notice to Terminate (Form 2) and Application for Order (Tenant): Nunavut Residential Tenancies Office
2. See: Nunavut Residential Tenancies Act

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