Nunavut Tenant Rights: Rent Arrears Repayment Plans Guide

If you're a tenant in Nunavut experiencing difficulties paying rent or facing rent arrears, it's important to know there are legal options to help you regain stability. This guide explains how rent arrears repayment plans work in Nunavut, what your rights are, and how you can work with your landlord—and the tribunal—to avoid eviction and resolve rent debts lawfully and fairly.

Understanding Rent Arrears and Repayment Plans in Nunavut

Rent arrears simply means unpaid rent owed to your landlord. If you fall behind, Nunavut's Residential Tenancies Act allows tenants and landlords to agree on a repayment plan, which sets out a schedule for you to pay back the arrears without facing immediate eviction. Repayment plans are a valuable tool if you experience a temporary financial setback and want to stay in your home.

Key Points About Rent Repayment in Nunavut

• Arrears should be addressed as soon as possible; communication with your landlord is essential.
• If an agreement is reached, the repayment plan should be put in writing and signed by both parties.
• If an agreement can't be made, the landlord can apply to end your tenancy, but you have a right to respond.

Rent repayment plans can prevent eviction, provided tenants stick to the agreed schedule and all current rent is also paid on time.

Nunavut's Tenancy Tribunal and Relevant Legislation

Residential tenancy issues in Nunavut are handled by the Residential Tenancies Office of Nunavut. The governing law is the Residential Tenancies Act, R.S.N.W.T. 1988, c. R-5 (as duplicated for Nunavut).^[1]

When Repayment Plans Are Used

If you fall behind on rent, your landlord can serve you with an 'Application to Terminate Tenancy for Non-payment of Rent'. Instead of eviction, you can propose a realistic repayment plan for the arrears. The landlord may accept, or the case can be reviewed by the Residential Tenancies Office examiner.

Nunavut Tenancy Forms for Rent Arrears and Repayment Agreements

Tenants and landlords commonly use the following official forms in Nunavut related to rent arrears:

• Application to the Residential Tenancies Office (RT Application Form): Used by either party to apply for an order—such as an order to set up a repayment plan—through the Residential Tenancies Office. For example, a tenant may apply to propose a repayment schedule instead of eviction.
• Notice of Hearing: Issued by the Tenancies Office when an application is made. You will receive this document, allowing you to attend a hearing (often by phone or written submissions) and present your case.

Always read the instructions provided with these forms, and reach out to the Nunavut Residential Tenancies Office for guidance if you're unsure which form to use.

What Makes a Good Rent Repayment Plan?

• Clear statement of the total arrears amount.
• Realistic and regular payment schedule (weekly or monthly).
• Both tenant and landlord signatures and dates.
• Agreement that payment of both arrears and regular current rent will continue.

Your Rights and Responsibilities as a Tenant

While you have the right to propose a repayment plan, you are also responsible for continuing to pay your regular rent and for meeting all parts of your rental agreement. For a broader look at tenant obligations and rights, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Failing to pay rent or stick to an agreed repayment plan may result in a legal eviction. However, Nunavut law requires a fair process and gives tenants an opportunity to respond before eviction is finalized.

How to Set Up or Respond to a Rent Arrears Repayment Plan

Here’s a general summary of steps:

• Contact your landlord as soon as you know you’ll have difficulty paying rent.
• Propose a realistic repayment plan with a schedule you can keep.
• Document the plan in writing. Make sure both parties sign and keep a copy.
• If no agreement is reached, or if you're served with an eviction notice, respond promptly. You can apply to the Residential Tenancies Office for a hearing using the official Application form.
• Attend the hearing (by phone, in person, or written submission) and present your plan and circumstances.

If your situation changes, communicate with your landlord or the tribunal right away about adjusting your repayment schedule.

Other Common Rent-Related Concerns

For information on your broader rights regarding paying rent and avoiding arrears, you may also find Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips useful.

Wondering what rental markets look like across the country? Explore Houseme for nationwide rental listings and view up-to-date options to compare your current rent and find affordable choices.

For a complete overview of Nunavut tenant and landlord rights, visit Tenant Rights and Landlord Rights in Nunavut.

Frequently Asked Questions about Rent Repayment Plans in Nunavut

1. Can my landlord refuse a repayment plan for rent arrears?
   If the landlord believes your plan is not realistic or if you have a history of missed payments, they can refuse. In that case, you can still present your proposal to the Residential Tenancies Office for a decision.
2. What happens if I miss a payment under a repayment plan?
   If you don't make a scheduled repayment, your landlord can resume the process to end your tenancy. It's important to communicate about any problems before missing a payment.
3. Is there an official repayment plan form in Nunavut?
   There is no required standard form, but you should draft a written agreement outlining the total arrears, payment schedule, and signatures. For disputes, use the Application to the Residential Tenancies Office.
4. Can I be evicted for rent arrears if I've proposed a repayment plan?
   Eviction can only proceed if the landlord or tribunal determines your plan is not reasonable or is not being followed. You always have the right to a fair hearing before eviction.
5. Will a repayment plan affect my security deposit?
   A security deposit may be used towards unpaid rent if you move out, but it does not replace your obligation to pay rent or arrears on time.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office: Official Nunavut Residential Tenancies Office – for applications, forms, and dispute resolution.
• Legal Aid Nunavut: Nunavut Legal Services Board – provides legal support and information for eligible tenants.
• Government Info on Renting in Nunavut: Government of Nunavut Renting Resources

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1. Residential Tenancies Act, R.S.N.W.T. 1988, c. R-5 (Nunavut)
2. Nunavut Residential Tenancies Office
3. Nunavut Application to the Residential Tenancies Office

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