How to Lawfully Delay an Eviction in Nunavut

If you're a tenant facing eviction in Nunavut, it's important to know your rights and available options. Understanding the lawful ways to delay an eviction can give you more time to resolve issues or find a new home. Nunavut’s tenancy laws are designed to protect both tenants and landlords. Below, discover practical steps, resources, and essential forms to help you navigate this difficult situation.

Understanding the Eviction Process in Nunavut

Eviction in Nunavut falls under the Nunavut Residential Tenancies Act, administered by the Nunavut Residential Tenancy Office (RTO).^[1] Landlords must follow strict legal steps before evicting a tenant. Common reasons for eviction include unpaid rent, damage to property, or other violations of the rental agreement.

Eviction Notice Requirements

• Notice in Writing: Landlords must give you a formal written notice.
• Notice Period: The required notice period depends on the reason (e.g., 14 days for non-payment of rent).
• Official Forms: The landlord should use Form 9 ("Notice to Terminate Tenancy") from the RTO.

If you're unsure about your rental contract or obligations, see What Tenants Need to Know After Signing the Rental Agreement.

Lawful Ways to Delay an Eviction

While eviction is a serious matter, Nunavut law offers a few methods for tenants to delay or challenge an eviction. Here’s how you can respond if you receive an eviction notice:

1. Fix the Problem Promptly

• If the notice is for non-payment of rent, you usually have until the end of the notice period to pay what you owe.
• If the notice is for another issue, such as property damage, address the issue in writing and keep records of repairs.

2. File a Dispute with the Residential Tenancy Office

• Use Form 11: Application for Dispute Resolution if you believe the notice of eviction is not valid or if you have extenuating circumstances.
• How to Use: File Form 11 with the RTO as soon as you get the eviction notice. Explain why you disagree and provide supporting evidence.
• Download Form 11 – Application for Dispute Resolution

3. Request an Extension of Time

If your eviction is ordered but you need more time (for example, to find new housing or arrange a move), you may request an extension from the RTO. There’s no set form for this, but you can write a letter explaining your situation and ask the Tribunal for more time to vacate. The RTO will take into account your circumstances and the landlord’s rights.

If you act quickly and follow the right steps, you may be able to get more time—even if an eviction is underway.

Important Tenant Rights During Eviction

• Right to a Fair Hearing: You have the right to be heard by the RTO if you dispute the eviction.
• Notice Properly Served: If notice is missing required details or is not properly delivered, it may be invalid.
• Access to Legal Aid: Qualified tenants may get help from Nunavut Legal Aid or tenant support programs.

Want to learn more about your protections in Nunavut? See Tenant Rights and Landlord Rights in Nunavut for a plain-language summary.

Best Practices for Tenants Responding to Eviction

• Communicate early with your landlord about any problems.
• Keep copies of all written notices, emails, and forms.
• Seek help from tenant support groups or the RTO promptly.

To stay on good terms and avoid future problems, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

FAQ: Eviction and Delays in Nunavut

1. Can my landlord evict me without a written notice?
   No, under Nunavut law, landlords must provide tenants with a written notice that clearly states the reason and the effective date of termination.
2. How much time do I have to respond to an eviction notice in Nunavut?
   The usual notice period is 14 days for non-payment of rent. Use this time to fix the issue or file a dispute with the Residential Tenancy Office.
3. What if I can’t move out by the eviction date?
   You can request an extension from the RTO, but you must act quickly and explain your reasons. Extensions are not guaranteed.
4. Are there free resources to help Nunavut tenants with eviction issues?
   Yes. You can contact Nunavut Legal Aid or the Residential Tenancy Office for advice and assistance.
5. What forms do I use to challenge an eviction?
   Use Form 11: Application for Dispute Resolution, available on the government website.

Key Takeaways

• Always respond to eviction notices in writing and within the deadline.
• Use Form 11 to dispute an eviction and provide evidence for your case.
• Contact the Residential Tenancy Office or tenant services for help if needed.

Need Help? Resources for Tenants

• Nunavut Residential Tenancy Office (RTO): Official information, forms, and tenant support
• Nunavut Legal Aid: Free legal advice for qualifying tenants
• Government of Nunavut – RTO Resource Centre
• General rights and responsibilities: Tenant Rights and Landlord Rights in Nunavut

---

1. Nunavut Residential Tenancies Act
2. Nunavut Residential Tenancy Office
3. Form 11: Application for Dispute Resolution

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy