Nunavut Eviction Appeals: Tenant Rights and Steps

Faced with an eviction order in Nunavut? As a tenant, you have the right to appeal—but strict rules and timelines apply. This guide explains the appeal process, your options, and where to get help in Nunavut. Understanding your rights and taking timely action can help protect your home and give you a fair hearing under Nunavut law.

The Nunavut Eviction Appeal Process: Overview

In Nunavut, residential tenancy disputes—including evictions—are handled by the Nunavut Residential Tenancies Office (RTO). If you receive an eviction order from the RTO and believe it's unfair or incorrect, you can appeal the decision to the Nunavut Court of Justice. Appeals are governed by the Nunavut Rentals Act.^[1]

Can I Appeal Any Eviction Order?

Yes, tenants can appeal any eviction order issued by the RTO. However, you must act quickly, as there is a strict deadline (see below).

Key Steps to Appeal an Eviction Order in Nunavut

The appeal process in Nunavut involves several essential steps. Missing a deadline or required document can result in losing your right to appeal.

• Tenants have 14 days from the date the eviction order is issued to file an appeal.
• The appeal is filed with the Nunavut Court of Justice.

Official Forms and How to Use Them

• Notice of Appeal (Form 1): Used to formally notify the Nunavut Court of Justice that you wish to appeal the eviction order. This form requests details about you, your landlord, the original RTO order, and your reasons for appealing.
  Where to find: Visit the Nunavut Court of Justice Forms page. (If no specific form is online, directly contact the Court Registry at 867-975-6100 for the correct form and process.)

Example: If you've received an RTO eviction order for alleged non-payment of rent, but have bank statements showing you paid in full, you can file the Notice of Appeal within 14 days and include your evidence.

Steps to File an Eviction Appeal in Nunavut

• Obtain the Notice of Appeal form from the Nunavut Court of Justice.
• Complete the form with accurate and clear reasons for your appeal.
• File the form at the Court Registry within 14 days of the eviction order being issued.
• Serve a copy of the appeal to your landlord and to the RTO as required.
• Attend the court hearing and present your case (bring supporting documents such as payment records, correspondence, or evidence about your circumstances).

Be sure to confirm with the Nunavut Court of Justice whether there is a filing fee or if fee waivers are available.

If Your Appeal is Successful

If the Court overturns the eviction order, you may continue living in your home. If not, you'll need to follow the original eviction instructions. For tips on planning your move, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Understanding Your Obligations as a Tenant

Throughout the appeal, you are still responsible for meeting your obligations—such as paying rent and maintaining the unit. For more on your responsibilities, check Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Important Deadlines and What Happens Next

Missing a deadline will likely end your right to appeal. If you remain in the unit after an eviction order and don't appeal, the landlord may seek assistance from the sheriff to enforce the order.

For those looking for a new home after an eviction, you can Find rental homes across Canada on Houseme to search available units quickly.

Eviction Appeals and the Rentals Act

All official rules about eviction appeals are set out in the Nunavut Rentals Act. This law covers your rights, notice periods, and reasons for eviction.

FAQ: Tenant Questions on Eviction Appeals in Nunavut

1. How long do I have to appeal an eviction order?
   You have 14 days from the date the eviction order is issued by the RTO to file your appeal with the Nunavut Court of Justice.
2. What happens if I stay in my rental after losing my appeal?
   If the court upholds the eviction, you must leave as ordered. If you don’t, your landlord may get an enforcement order from the court.
3. Can I get help filling out the Notice of Appeal form?
   Yes. Court staff or local legal aid services in Nunavut can help you understand and complete the necessary forms.
4. Does filing an appeal stop the eviction process?
   Filing an appeal may put the eviction on hold until your case is heard, but you must ask the Court if you need a specific stay order.
5. Where can I learn more about my rights and obligations?
   For a comprehensive overview, see Tenant Rights and Landlord Rights in Nunavut.

Summary: Key Takeaways for Nunavut Tenants

• Appeal your eviction order within 14 days using the Notice of Appeal form.
• Provide clear reasons and supporting evidence with your application.
• Check your responsibilities as a tenant during the appeal process.
• Use community resources or legal aid for application support if needed.

Take quick action and stay informed to protect your housing rights.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office (RTO): 1-877-212-4004 or rto@gov.nu.ca
• Nunavut Court of Justice: For appeal forms and court process.
• Nunavut Legal Aid: Free legal help for tenants who qualify.
• Tenant Rights and Landlord Rights in Nunavut

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1. Nunavut Rentals Act (current consolidation)
2. Archival and current Nunavut RTO information
3. Nunavut Court of Justice information page

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