Nunavut Tenant Rights: Can a Landlord Legally Lock You Out?

If you’re renting in Nunavut and facing issues like eviction or finding your landlord has changed the locks, knowing your rights is essential. Nunavut has specific laws that protect tenants, especially around lockouts—situations where a landlord tries to prevent your access to your home. This guide covers what is legal, what’s not, and the steps you can take if you’re affected by a lockout.

Who Oversees Landlord-Tenant Disputes in Nunavut?

All residential tenancy matters in Nunavut are governed by the Nunavut Residential Tenancies Act. If you have a dispute, the official body that handles these cases is the Nunavut Residential Tenancies Office.

Can a Landlord Lock Out a Tenant in Nunavut?

Generally, it is illegal for a landlord to lock out a tenant without a proper eviction order in Nunavut. The law requires that landlords follow very specific steps before they can ask a tenant to leave, and self-help actions like changing locks or removing a tenant’s belongings without an order are forbidden. Lockouts are considered a serious breach of tenant rights and can expose landlords to legal action and possible penalties.

• A landlord cannot lock you out even if you are behind on rent.
• Lockouts are only legal after an official eviction process, and only with a valid order from the Residential Tenancies Office.

For more details about tenant and landlord responsibilities and the eviction process in Nunavut, see Tenant Rights and Landlord Rights in Nunavut.

What Is the Legal Process for Eviction?

If your landlord wants to end your tenancy, they must provide a written notice (called a Notice of Termination) with a valid reason. The main reasons can include:

• Not paying rent
• Significant damage to the property
• Disturbing other tenants

Your landlord must give you a specific period of notice, which varies depending on the reason and the tenancy agreement. Only if you do not move out by the end of the notice period can the landlord apply to the Residential Tenancies Office for an eviction order. The landlord cannot remove your possessions or change the locks until this order is granted by the tribunal.

Official Forms Used in Nunavut

• Notice of Termination (Form 2)
  When used: Given by the landlord to the tenant to terminate a rental agreement for reasons like non-payment of rent or damage. Tenants should respond immediately if they receive this notice.
  Download Form 2 from the Nunavut government
• Application to Director (Form 3)
  When used: Submitted by either landlord or tenant to the Residential Tenancies Office if there’s a dispute or if the landlord is seeking an eviction order (required before any lockout can occur).
  Download Form 3 from the Nunavut government

If you receive a Notice of Termination or application for eviction, you should respond promptly and may wish to seek legal help or contact the Residential Tenancies Office for guidance.

What Should a Tenant Do If Locked Out Illegally?

If your landlord locks you out without a legal eviction order:

• Contact the landlord and ask for immediate access to your home.
• Document the situation (take photos, keep notes of communications).
• Contact the Nunavut Residential Tenancies Office to file a complaint right away.
• If urgent, consider contacting local law enforcement, as unlawful lockouts may be considered a criminal trespass or wrongful entry.

Know Your Rights and Responsibilities

Understanding your rights about repairs, maintenance, and the end of a tenancy can help prevent misunderstandings and ensure a fair outcome for everyone. If you have questions about your obligations during your lease, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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FAQ: Tenant Lockouts and Evictions in Nunavut

1. Can my landlord change the locks if I miss rent?
   No, your landlord cannot lock you out for missed rent without a legal eviction order from the Residential Tenancies Office.
2. What should I do if I return home and find the locks changed?
   Contact your landlord first, then the Residential Tenancies Office. Document everything and do not attempt to force entry.
3. Are there any situations where a landlord can immediately lock out a tenant?
   Only in extremely rare emergency cases and with explicit authorization from the Residential Tenancies Office.
4. How can a landlord legally evict a tenant?
   The landlord must give written notice and then, if necessary, obtain an eviction order from the Residential Tenancies Office before changing locks or removing belongings.
5. Where can I get help if I feel my rights as a tenant are being violated?
   You can contact the Residential Tenancies Office or local legal aid services in Nunavut for assistance.

Key Takeaways for Nunavut Tenants

• Landlords cannot legally lock out tenants without a formal eviction order.
• Always respond to official notices and know your rights under the law.
• Seek support immediately if you’ve been locked out or threatened with lockout.

Having a clear understanding of Nunavut’s tenancy rules can protect your right to safe and secure housing.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office – Information, dispute forms, and contact resources
• Read the Nunavut Residential Tenancies Act
• For general advice: Local legal aid services or tenant advocacy organizations in your community
• Understanding your obligations: Obligations of Landlords and Tenants: Rights and Responsibilities Explained

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1. Nunavut Residential Tenancies Act (current version): Read the legislation
2. Residential Tenancies Office: Official info and forms

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