Tenant Rights at Eviction Hearings Before the LTB in Nunavut

If your landlord is trying to evict you in Nunavut, knowing your rights and the hearing process is essential. Eviction hearings are overseen by Nunavut’s Rental Office, an official body that resolves disputes between landlords and tenants. This guide explains tenant rights at eviction hearings under current Nunavut law, steps you need to take, and where to get support if you’re facing eviction.

Understanding the Eviction Hearing Process in Nunavut

Nunavut tenants gain crucial protections during an eviction process. The Residential Tenancies Act (Nunavut) outlines the legal steps both landlords and tenants must follow. The Rental Office administers hearings and ensures both parties have an opportunity to be heard.^[1]

• Landlords must serve tenants with an official notice of termination before eviction proceedings.
• Tenants have a right to challenge the notice through the Rental Office hearing.

Hearings may be held in-person, by telephone, or by written submissions depending on your community. Both sides can present evidence, call witnesses, and make arguments.

Eviction Notices: What Should You Receive?

Before a hearing, your landlord must give written notice stating the reason for eviction. Common grounds include not paying rent, damaging property, or violating terms of the lease. The notice will include the date the tenancy will end and information about disputing it.

Your Rights Before and During the Eviction Hearing

• Receive adequate notice and a chance to respond
• Access all evidence the landlord plans to use
• Bring documentation supporting your case (e.g., proof of rent payment, communications)
• Have witnesses testify for you, if desired
• Be represented, if you choose, or receive language interpretation if needed

Always attend the hearing or submit your written response on time. If you do not respond, the Rental Office can make a default decision, which could result in you losing your home.

Key Forms for Nunavut Eviction Hearings

The Rental Office uses specific forms for eviction and dispute resolution:

• Notice of Hearing Form – Sent to you by the Rental Office after your landlord applies for eviction. It will show the date, time, location, and instructions for participating. View and download the Notice of Hearing Form.
• Application to Set Aside an Eviction Order – If you missed your hearing for a valid reason, you can use this form to request the decision be overturned. Access the Application to Set Aside an Eviction Order (PDF).
• Application to End a Tenancy – Used by landlords to start the eviction process, but tenants should know this form as it initiates LTB action. See Application to End a Tenancy (PDF).

Respond promptly to any correspondence from the Rental Office. If you receive a Notice of Hearing, read it carefully—it will explain your next steps and deadlines.

How to Prepare and What to Do at a Hearing

• Gather all relevant documents (rental agreement, payment records, communication logs)
• Write down a timeline of events and your version of what happened
• Prepare any questions you want to ask the landlord
• If you need an interpreter, notify the Rental Office in advance

Visit Tenant Rights and Landlord Rights in Nunavut for a complete overview of your legal protections, obligations, and important resources for tenants in your territory.

After the Hearing: What Happens Next?

The Rental Office will issue a written decision. If the landlord’s case is successful, you will get an eviction order with a date you must leave. You may appeal or request an order be set aside in limited circumstances (e.g., if you missed the hearing due to circumstances beyond your control—use the Application to Set Aside an Eviction Order).

To avoid future issues, know your responsibilities. For example, familiarize yourself with Obligations of Landlords and Tenants: Rights and Responsibilities Explained to understand both sides’ duties during and after a tenancy.

For those seeking a new home after an eviction, Find rental homes across Canada on Houseme to simplify your next move.

FAQ: Nunavut Tenants and Eviction Hearings

1. Can I be evicted in Nunavut without a hearing?
   Normally, no. The landlord must first serve you written notice of eviction and then apply for a hearing at the Rental Office. You have a right to dispute the eviction at this hearing.
2. How do I challenge an eviction notice?
   As soon as you receive notice, contact the Rental Office and follow the instructions in your Notice of Hearing. Prepare your evidence and attend the scheduled hearing, either in person or by phone.
3. What evidence can I provide at my eviction hearing?
   You can submit rental agreements, proof of payment, letters, emails, receipts, and witness testimony. All evidence must relate to the termination grounds cited by the landlord.
4. What happens if I miss my eviction hearing?
   If you miss your hearing, the Rental Office may issue a default eviction order. If you had a valid reason for missing it, submit the Application to Set Aside an Eviction Order as soon as possible.
5. Where can I get legal advice or help with eviction?
   Tenant advocacy organizations, legal clinics, or the Rental Office itself can provide information. For full legal advice, consult a lawyer or your community justice centre.

Key Takeaways for Nunavut Tenants

• Always take eviction notices and hearings seriously; respond on time.
• You have the right to present your case and evidence at a Rental Office hearing.
• Understand the forms you receive and reach out for help if unsure.

Learning about your rights and obligations helps you navigate challenges and achieve fair outcomes in any tenancy dispute.

Need Help? Resources for Tenants

• Nunavut Rental Office (Residential Tenancies) - Information, forms, and contact details
• Nunavut Rental Housing Program - Tenant supports and housing advice
• Legal Aid Nunavut: 1-866-606-9400 – Consult for eligibility and help with legal matters
• Community Justice Centres – For legal information and guidance

---

1. Residential Tenancies Act (Nunavut)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy