Landlord Selling the Property: Tenant Rights in Nunavut

When your landlord decides to sell the property you rent in Nunavut, it can raise many questions and cause uncertainty. Tenants in Nunavut have specific rights and protections outlined under territorial rental laws, especially when a property is put up for sale or ownership changes hands.

Can a Landlord Sell a Rental Property While It’s Occupied?

Yes, landlords in Nunavut can sell a property even if it is currently rented. But, selling does not automatically end your tenancy or change your tenant rights. Your rental agreement remains in effect unless properly terminated, and the new owner must honour existing terms unless certain legal steps are followed.

Your Rights During the Sale Process

As a tenant, your fundamental rights are protected when a landlord lists the property for sale. Here’s what you can expect and what landlords must do:

• Advance Notice for Showings: Landlords or their realtors must provide at least 24 hours' written notice before entering your unit to show it to potential buyers. They can only enter between 9 a.m. and 9 p.m. and must try to minimize disturbance.
• Your Right to Remain: Selling the property does not mean you must move out immediately. Your lease continues with the new owner unless you get proper legal notice.

What Happens After the Sale?

If the property sells while you’re still living there, your tenancy will usually continue with the new owner. If the new owner wants to live in the property themselves, or needs the home for a close family member, they may be able to end your tenancy — but only by following the law.

Notice Requirements When Ending Tenancy for New Owner Occupancy

The Nunavut Office of Residential Tenancies (ORT) oversees all matters relating to rental tenancies, including termination due to sale. According to Nunavut’s Residential Tenancies Act, the new owner must:

• Give you at least three months’ written notice to end your tenancy for personal occupancy or for their close relative.
• Use the proper form (see below) to deliver this notice, specifying the reason for termination.

This notice period allows you time to search for other rental options and make a smooth transition.

What Notice Form Is Used?

If the tenancy is being ended because the new owner or a close relative wants to move in, the following form will be most relevant:

• Notice to Terminate Tenancy for Purchaser's or Family Use (Nunavut ORT Form — typically provided by the Office of Residential Tenancies).
  When to use: The new owner uses this to give you legal notice to move out so they, or a family member, can live there.
  See the official source and template: Nunavut Office of Residential Tenancies Forms

Important: If you don’t receive this written notice, or if notice is shorter than required by law, you can challenge it through the Office of Residential Tenancies.

Security Deposits and Your Obligations

Your security deposit is protected, even if the property is sold. The landlord (or new owner) must keep your deposit in trust until the end of your tenancy, and return it with any applicable interest if you leave the unit in good condition. For more details on this process, visit Understanding Rental Deposits: What Tenants Need to Know.

Continuing Your Tenancy

Unless you receive proper notice, you can continue living in your home under the same lease terms. The new landlord must follow all local tenancy rules—including maintenance and repairs. Learn about your post-lease obligations by reviewing What Tenants Need to Know After Signing the Rental Agreement.

For those searching for a new place or planning ahead, you can Find rental homes across Canada on Houseme to see a range of available units.

What If You Have a Fixed-Term Lease?

If your lease has a fixed end-date, you generally have the right to stay until it expires, unless there’s a legal reason for early termination (like owner occupancy, and after receiving proper notice). Month-to-month tenants are entitled to the minimum three months’ notice for personal use by a new owner.

What to Do If You Disagree With a Notice

If you believe the notice to move out is invalid, you can file an application with the Office of Residential Tenancies for a decision. You should act quickly if you wish to dispute a notice.

You have the right to written notice and enough time to find a new home. Never agree to leave without understanding your rights and confirming proper notice!

Your Rights and Responsibilities

Both tenants and landlords have specific obligations during a property sale. If you have concerns about property maintenance, repairs, or your landlord’s duties, check out Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For more about your local laws and support services, review Tenant Rights and Landlord Rights in Nunavut.

Frequently Asked Questions (FAQ)

1. Do I have to move out if my landlord sells the property in Nunavut?
   Your lease continues. You only need to move if you’re given proper written notice from the new owner (minimum three months for owner occupancy).
2. Can a landlord show my unit to buyers while I’m living there?
   Yes, if you’re given 24 hours’ written notice and showings occur between 9 a.m. and 9 p.m.
3. What happens to my security deposit if the property is sold?
   Your deposit must be transferred to the new owner or returned to you at the end of the tenancy, following Nunavut law.
4. Who do I contact if I think the notice to end my tenancy is not valid?
   Contact the Nunavut Office of Residential Tenancies to challenge the notice or for assistance.
5. What if I need to find another rental fast?
   You can Find rental homes across Canada on Houseme to quickly compare options in Nunavut and across the country.

Key Takeaways

• Landlord sales do not automatically end your lease—proper notice and forms are required.
• Minimum three months’ written notice is mandatory for owner or family occupancy.
• Your security deposit remains protected under Nunavut law, no matter who owns the property.

Remember, your rights are outlined in Nunavut's Residential Tenancies Act, and assistance is available if you have concerns or questions.

Need Help? Resources for Tenants

• Nunavut Office of Residential Tenancies (ORT): Applications, forms, dispute resolution, and renter support. Phone: (867) 975-6102, Email: ort@gov.nu.ca
• Nunavut Government Residential Tenancies Information: Forms, info on laws, guidance for tenants and landlords.
• For rental listings and moving options, Explore Houseme for nationwide rental listings.
• Full legal overview: Tenant Rights and Landlord Rights in Nunavut

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1. Residential Tenancies Act, SNu 2011, c 28. Accessible at: Nunavut Legislation – Residential Tenancies Act
2. Official forms and support: Nunavut Office of Residential Tenancies

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