Landlord Retaliation and Tenant Rights in Nunavut

Facing a landlord issue can feel overwhelming, especially if you worry about negative consequences for standing up for your rights. In Nunavut, tenants are legally protected from retaliation when they file a legitimate complaint against their landlord. Understanding your rights, the complaint process, and how to seek help if retaliation occurs is essential for safe and secure tenancy.

What Is Landlord Retaliation?

Landlord retaliation happens when a landlord responds negatively to a tenant's legal action, such as filing a complaint about repairs, safety, or another matter. Common forms of retaliation include:

• Increasing your rent after you complain
• Issuing an eviction notice soon after you file a complaint
• Refusing to perform necessary repairs or maintenance
• Threatening to end your tenancy for exercising your tenant rights

Nunavut’s legislation prohibits landlords from retaliating against tenants for exercising their legal rights or making a complaint to the Residential Tenancies Office (RTO). This protection helps tenants speak up about unsafe or unfair housing situations without fear.

Your Rights and Responsibilities as a Tenant

Both tenants and landlords have specific duties set out by the Nunavut Residential Tenancies Act^[1]. Tenants have the right to:

• Live in a safe, healthy rental unit
• Request repairs and maintenance, including urgent fixes for things like heat, water, or electrical problems
• Make a formal complaint if the landlord is not meeting their obligations
• Not be evicted, harassed, or penalized for asserting their rights

For more on each party’s duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Recognizing Retaliatory Actions

Retaliation can sometimes be subtle or masked as a regular business decision. If you have complained—especially in writing—about health, safety, or repair issues, and your landlord suddenly:

• Serves you with a notice of termination or eviction without valid cause
• Raises your rent or changes your lease terms unexpectedly
• Refuses or delays reasonable repairs on your unit

these may indicate retaliation. Keep all communication and any evidence that links your complaint to the landlord’s negative action.

How to File a Complaint and Respond to Retaliation

If you believe your landlord is retaliating in response to your complaint, you have a process for protection and recourse. Nunavut tenants can bring their case to the Residential Tenancies Office (RTO), which acts as the official tribunal for rental disputes.

Official Forms and Their Use

• Application to the Residential Tenancies Office (RTO) – Form: "Application to the Rental Officer" (PDF here)
  This form is used when tenants want the RTO to investigate issues such as retaliation, unaddressed repairs, or improper eviction notices.
  Practical Example: If you were served an eviction notice two days after requesting heating repairs, you could use this form to ask the tribunal to rule on potential retaliation.
• Notice to Remedy – Form provided by the RTO upon request
  This form allows you to ask your landlord in writing to fix a breach of the tenancy agreement (like retaliation or failure to repair).
  Practical Example: If your landlord began refusing to make repairs after your complaint, use this notice to formally request they stop retaliatory actions.

Submit forms directly to the Residential Tenancies Office by mail, email, or in person. The office will review your case and can order the landlord to stop retaliatory behaviour, reverse an eviction, or require essential repairs.

Steps to Protect Yourself if You Suspect Retaliation

If you’re worried about retaliation, it’s important to act methodically. Here’s a summary of the key steps:

• Document all interactions and keep records of your complaint and landlord’s response
• Submit a written complaint or maintenance request if you haven’t already
• Gather evidence: emails, letters, photos of repairs or issues, notices received
• File an application with the RTO using the appropriate form
• Attend any hearings or mediation sessions organized by the RTO

For more help with complaints, see How to Handle Complaints in Your Rental: A Tenant’s Guide.

Related Health and Safety Protections

Retaliation sometimes follows when tenants bring up health or safety concerns. Remember, your landlord’s duty is to keep your unit safe and habitable. Learn about your rights in this area in Health and Safety Issues Every Tenant Should Know When Renting.

If you’d like to compare tenant protections across Canada, read Tenant Rights and Landlord Rights in Nunavut.

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Frequently Asked Questions

1. Can my landlord evict me just for filing a complaint in Nunavut?
   No, landlords cannot evict you in retaliation for making a legitimate complaint or exercising your rights under Nunavut’s Residential Tenancies Act.
2. What proof do I need if I think my landlord is retaliating?
   Keep copies of your written complaint, any notices you receive, and correspondence with your landlord. Document changes after your complaint to show a link between your actions and the landlord’s response.
3. Who do I contact if I believe I am being retaliated against?
   Contact the Residential Tenancies Office to file a complaint and get advice on next steps.
4. Does Nunavut law protect me if I join a tenants’ association?
   Yes. The law also protects tenants who organize or participate in tenants' rights groups from retaliation.

Key Takeaways: Protecting Yourself from Landlord Retaliation

• Tenants in Nunavut are legally protected from retaliation for filing complaints or exercising their rights
• Document everything and use official channels for complaints
• The Residential Tenancies Office can resolve retaliation issues and enforce your rights

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office – information, forms, and dispute resolution guidance
• Legal Aid Nunavut – free legal support for qualifying tenants: nulas.ca
• Government of Nunavut’s Tenancy Information: Housing & Tenancy

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1. Nunavut Residential Tenancies Act, R.S.N.W.T. 1988, c. R-5. View the full act here

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