Rent Deposits and Security Deposits in Nunavut: Tenant Guide

Understanding what your landlord is allowed to ask for when you move into a rental can help you avoid confusion and protect your finances. In Nunavut, rental deposits and security deposits are regulated differently than in many other provinces. This guide explains what Nunavut tenants need to know about legal deposits, how they work, and what your rights are.

What Types of Deposits Can a Landlord Ask For?

In Nunavut, the main type of deposit a landlord can legally collect from a tenant is a security deposit. This is sometimes called a "damage deposit" in other provinces. Landlords cannot ask for other kinds of deposits unless specifically allowed under Nunavut law.

• Security Deposit: A sum of money collected at the start of the tenancy to cover possible damage or unpaid rent.
• Last Month's Rent: Not permitted in Nunavut — landlords cannot request this in addition to a security deposit.
• Other Non-Refundable Fees: Generally not permitted, except for specific allowable items like key deposits (refundable) if clearly stated in your lease.

For a broader overview on deposits across Canada, you can refer to Understanding Rental Deposits: What Tenants Need to Know.

How Much Can a Landlord Legally Ask For?

The Nunavut Residential Tenancies Act sets clear rules about security deposits:

• Maximum Amount: A security deposit cannot be more than one month's rent at the time the tenancy is entered into.
• Payment Timing: It is usually paid before you move in, often at the same time as signing the lease agreement.

Interest on Security Deposits

Landlords in Nunavut must pay tenants interest on the security deposit at a rate set by regulation. The actual rate is determined annually, and landlords should be able to tell you the current rate.

Returning Your Security Deposit

Once your tenancy ends, your landlord must return your security deposit within 10 days, minus any lawful deductions for unpaid rent or damage (not normal wear and tear). If they plan to deduct for damage, they must provide a written statement with details.

To ensure you get your full deposit back, it’s a good idea to:

• Request a move-in and move-out inspection
• Document the rental’s condition with photos or a checklist
• Keep records of all payments and communications

Learn more about the importance of inspections in the Guide to the Initial Rental Property Inspection for Tenants.

What If Your Landlord Doesn't Return the Deposit?

If your landlord does not return your security deposit or does not provide a written explanation for withholding it, you can file a complaint with the territory’s official tribunal.

Which Forms and Tribunals Are Involved?

The Nunavut Rental Office is the official body handling residential tenancy issues in the territory. If you have a dispute regarding your security deposit, you may need to complete one or more of the following forms:

• Application to the Rental Office (Official PDF form): Used to request a hearing over deposit returns, damage claims, or other tenancy disputes. Submit this with supporting documents such as your lease and move-out inspection.
• Request for Return of Security Deposit (no standardized form; a written request or the above application may be used): Make a formal written request to your landlord first. If not resolved, proceed with the application.

When filing, include all paperwork (lease, receipts, and any inspection reports). You can contact the Nunavut Rental Office for guidance or to submit a complaint.

Key Differences: Nunavut vs Other Provinces

Unlike some provinces, Nunavut does not allow landlords to require both a last month’s rent deposit and a security deposit. Only the security deposit is permitted. This rule protects tenants from unexpected upfront costs. For more facts on Nunavut's tenant laws, see Tenant Rights and Landlord Rights in Nunavut.

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