Illegal Lease Clauses in Nunavut: What Tenants Should Know

Leases and rental agreements sometimes contain clauses that aren't legal under Nunavut law. As a tenant, it's important to know your rights so you can recognize and respond to any unfair or illegal terms in your rental contract. This guide explains the most common types of illegal lease clauses in Nunavut and provides practical advice on what to do if you find one in your agreement.

Understanding Lease Clauses: Legal vs. Illegal in Nunavut

Under Nunavut’s Residential Tenancies Act (RTA), a lease (sometimes called a tenancy agreement) sets out the terms of your tenancy — but certain terms simply cannot be enforced. Even if you sign a lease with an illegal clause, the law overrides the agreement, and that clause has no legal effect.

Common Examples of Illegal Lease Clauses

• Waiving Tenant Rights: Any clause that tries to make you give up your rights under the Residential Tenancies Act is illegal. For example, a lease cannot say the landlord doesn't have to fix things or can ignore maintenance requests.
• Charging More Than Legal Deposits: In Nunavut, landlords cannot ask for more than one month’s rent as a security deposit. Any clause requiring extra deposits (such as “key” or “pet deposits”) beyond the legal maximum is not allowed.
• Requiring Non-Refundable Fees: Non-refundable fees (for cleaning or application processing) are not legal if the law does not allow them.
• Prohibiting Children or Certain Visitors: Clauses that ban children or restrict the tenant’s ability to have guests (unless for reasonable limitations to avoid overcrowding) are discriminatory and void under Nunavut law.
• Forcing Rent Increases or Early Lease Termination: Clauses allowing landlords to change rent or end the lease on short notice without following legal steps are illegal. Understanding Rent Increases: What Tenants Need to Know can offer more guidance about legal rent changes.
• Making Tenants Responsible for All Repairs: Landlords cannot transfer all repair and maintenance obligations to tenants. Landlords are legally responsible for keeping the property safe and livable. The page Health and Safety Issues Every Tenant Should Know When Renting explains the right to a safe home.

In summary: If your lease has a clause that goes against Nunavut’s Residential Tenancies Act or discriminates against you, the clause is void and cannot be enforced.

If Your Lease Contains an Illegal Clause: What Should Tenants Do?

If you spot an illegal clause in your lease, don’t panic! You are not required to comply with it. Here are some helpful steps:

• Keep a copy of your lease and highlight the clause in question
• Communicate concerns in writing to your landlord, referencing the Residential Tenancies Act
• If the landlord insists on enforcing the term, contact the Nunavut Rental Office for guidance

Relevant Official Forms for Nunavut Tenants

• Application to Director Form (Nunavut): Use this if you need the Rental Office to settle a dispute or clarify your rights under the law.
  Example: You file an application if your landlord tries to evict you using an illegal clause.
  Download forms from the Nunavut Justice - Forms & Applications page
• Notice to End Tenancy: If you wish to end the lease due to an ongoing illegal provision that the landlord won’t correct, you may provide a formal notice using the government’s template.
  Access the official forms here

The Nunavut Rental Office is the body responsible for handling tenancy disputes.

Legislation and the Importance of Tenant Rights

Nunavut’s Residential Tenancies Act is designed to protect both tenants and landlords. If you want more detail on rules for your territory, visit the Tenant Rights and Landlord Rights in Nunavut page.

Many common tenant problems are the result of misunderstandings about who is responsible for what. For a basic summary, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Interested in exploring options in other parts of Canada? Find rental homes across Canada on Houseme.

FAQ: Illegal Lease Clauses in Nunavut

1. Are illegal clauses in a lease enforceable in Nunavut?
   No. Any part of a lease that contravenes the Residential Tenancies Act is void and unenforceable.
2. Can my landlord charge me extra deposits or non-refundable fees?
   No. The only allowable deposit is a security deposit equal to up to one month’s rent.
3. What do I do if my landlord tries to enforce an illegal clause?
   Communicate in writing, reference the law, and contact the Nunavut Rental Office if needed.
4. Does my landlord have to provide repairs even if my lease says otherwise?
   Yes. Maintenance and habitability obligations cannot be transferred to tenants by lease.
5. Where can I get help dealing with illegal clauses in my lease?
   Reach out to the Nunavut Rental Office or tenant support services for advice and complaint resolution.

Key Takeaways for Nunavut Tenants

• Signing a lease with illegal terms does NOT mean you have to follow them — Nunavut law overrules your contract.
• Keep copies of your lease, document communications, and contact the Nunavut Rental Office for help.
• Be aware of your responsibilities and rights as detailed in the Residential Tenancies Act.

Need Help? Resources for Tenants

• Nunavut Rental Office: Official government contact for tenant and landlord disputes
• Nunavut Residential Tenancies Act: Read the full legislation online
• Nunavut Tenancy Forms & Applications: For notices, applications, and official documents
• For a summary of general legal rights, visit Tenant Rights and Landlord Rights in Nunavut

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1. Nunavut Department of Justice. Residential Tenancies Act (current version, 2024).
2. Nunavut Department of Justice. Residential Tenancy Office.
3. Nunavut Department of Justice. Tenancy Forms and Applications.

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