Tenant Compensation for Landlord Breaches in Nunavut

Facing a landlord's failure to meet their legal obligations can be stressful for Nunavut tenants. Knowing your rights—including the ability to claim compensation when there is a serious breach—can help protect your home and your peace of mind. This guide explains what counts as a landlord breach, how tenants in Nunavut can seek compensation, and the official steps to resolve disputes.

What Constitutes a Landlord Breach in Nunavut?

In Nunavut, a landlord breach occurs when your landlord fails to follow the local law, known as the Residential Tenancies Act (Nunavut)^[1]. Common examples include:

• Not making essential repairs or maintaining health and safety standards
• Locking you out or restricting your lawful access
• Withholding your rental deposit unfairly
• Entering your rental unit without proper notice

These breaches can result in inconvenience, financial loss, or sometimes even unsafe living conditions for tenants.

Steps for Tenants: Seeking Compensation

If your landlord breaches their duties, Nunavut’s system gives you a clear avenue to seek compensation or other remedies.

1. Communicate and Document

• Notify your landlord of the issue in writing. Clearly describe what is wrong and ask for prompt resolution.
• Keep a record of all correspondence, photos, receipts (for temporary repairs or hotel stays), and notes about the issue or any costs you've incurred.

2. Apply to the Nunavut Rental Office (Residential Tenancies Office)

Nunavut tenants can file a formal application with the Nunavut Residential Tenancies Office if the landlord does not resolve the problem.

• Submit the Application to the Rental Officer (Form 1)
• Download Form 1 from the Government of Nunavut website

Example: If your landlord ignores requests to fix a broken heater in winter, you can use Form 1 to ask the Rental Officer for an order requiring repairs and request compensation for days spent without heat.

• The Rental Officer will consider both parties’ sides and evidence during a hearing or review process.

For a full overview of your responsibilities and those of your landlord, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

3. What Can a Tenant Get as Compensation?

• Reimbursement for actual out-of-pocket losses (such as emergency hotel stays, cost of necessary repairs paid by the tenant, or property damage due to landlord negligence)
• Abatement (reduction) of rent for the period a property was partially uninhabitable
• Return of rental deposit if unlawfully retained (Learn more at Understanding Rental Deposits: What Tenants Need to Know)
• Other orders deemed fair by the Rental Officer, such as requiring the landlord to complete repairs

You can Explore Houseme for nationwide rental listings if your current situation becomes unsustainable and you’re considering a move.

Relevant Legislation and Decision-Makers

All residential tenancies in Nunavut are governed by the Residential Tenancies Act (Nunavut)^[1]. Disputes are resolved by the Nunavut Residential Tenancies Office. The Rental Officer’s decision is legally binding for both landlords and tenants.

For a broader look at tenancy rights in the North, see Tenant Rights and Landlord Rights in Nunavut.

FAQ: Tenant Compensation for Landlord Breaches in Nunavut

1. What can I do if my landlord refuses to make repairs in Nunavut?
   If your landlord won’t make necessary repairs, document the issue and your requests. Then, apply to the Nunavut Rental Office using Form 1. The Rental Officer can order the landlord to repair and may award you compensation.
2. Can I withhold rent if my landlord breaches their responsibilities?
   No, you should not withhold rent in Nunavut unless approved by the Rental Officer. Instead, follow official complaint and application procedures for compensation.
3. How does the Nunavut Rental Office process tenant applications?
   Once you submit your application (Form 1), the Rental Officer may schedule a hearing. Both landlord and tenant present evidence, and the officer makes a legally binding decision.
4. What if my landlord keeps my deposit after I move out?
   If your landlord does not return your deposit without good reason, apply to the Rental Office. They can order the return of your deposit plus possible interest or compensation.

Conclusion: Key Takeaways

• Tenants in Nunavut have clear rights and remedies if a landlord breaks the law, including formal compensation options.
• Use official government forms and keep records of all interactions with your landlord.
• The Nunavut Residential Tenancies Office is your primary recourse and can order repairs, compensation, or return of deposits.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office – Official service for applications, advice, and dispute resolution (Phone: 1-877-212-5822)
• Legal Services Board of Nunavut – For free legal help and tenant representation
• Tenant Rights and Landlord Rights in Nunavut – Comprehensive facts for tenants
• Explore Houseme for nationwide rental listings – Find secure, up-to-date rental homes across Canada

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1. Residential Tenancies Act (Nunavut) – CanLII

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