Tenant Rights: Damage Accusations for Pets & Smoking in Nunavut

Accusations of damage related to pets or smoking can be stressful for tenants. In Nunavut, it’s essential to know your rights, your responsibilities, and how to respond if you’re blamed for such issues in your rental. This guide offers clear advice, explains the law, and outlines how you can protect yourself as a tenant.

What Nunavut Law Says About Pets and Smoking in Rentals

Nunavut's Residential Tenancies Act (RTA)^[1] governs rental relationships in the territory. Landlords can set rules about pets and smoking in rental agreements, but they must be clearly stated in your lease. If they’re not, tenants are generally allowed to keep pets and smoke, as long as no damage or excessive disturbance results.

• If your lease prohibits pets or smoking, you must follow these rules—or risk breach of contract.
• If allowed, you must still avoid causing damage or nuisance.

Remember, landlords may not change these terms without your consent during a fixed lease period. For more on your general rights, see Tenant Rights and Landlord Rights in Nunavut.

What Counts as Damage?

"Damage" means harm that goes beyond everyday wear and tear. Examples of damage linked to pets or smoking include:

• Urine or feces stains on floors or carpets
• Chewed, scratched, or gnawed doors, blinds, or floors
• Lingering smoke odours in walls, drapes, or appliances
• Burn marks or yellowing from cigarettes

Ordinary wear—like minor scuffs on walls or faded paint—is not considered tenant-caused damage under Nunavut law.

How Are Damages Assessed?

Landlords typically provide an initial inspection report listing the unit’s condition before you move in. This makes it much easier to settle damage disputes when you move out.

For guidance on documenting your rental’s condition, visit the Guide to the Initial Rental Property Inspection for Tenants.

Your Rights If Accused of Damage

If your landlord claims you caused damage with your pet or by smoking, you have important rights:

• The right to see evidence (photos, inspection reports, estimates)
• The right to challenge unfair or exaggerated claims
• The right to request a hearing before the Nunavut Rental Office—the official tribunal for tenancy issues

Typical Steps in a Damage Dispute

• Landlord gives you written notice of alleged damages, often after move-out but sometimes during your tenancy.
• You may be asked to pay for repairs or have the amount deducted from your security deposit.
• If you disagree, try resolving it directly. If that fails, you or your landlord can apply to the Nunavut Rental Office for a hearing.

Key Forms for Tenants in Nunavut

Official forms can help you assert your rights or apply for dispute resolution. Here are the most relevant:

• Notice of Application (Form 1): Use this to start a dispute if you contest damage claims. Access the form and instructions from the Nunavut Rental Office.
  Example: If your landlord withholds your security deposit for an alleged burn mark on the carpet you disagree you caused, file Form 1 to have the matter heard.

Security Deposits and Return of Funds

Landlords in Nunavut may ask for a security deposit, usually equal to one month’s rent. They can only use it for damage repairs proved to have been caused by you, and not for ordinary wear.

For more details, read Understanding Rental Deposits: What Tenants Need to Know.

How to Protect Yourself as a Tenant

To help prevent or manage accusations about pet or smoking damage, follow these tips:

• Document the unit’s condition with photos at move-in and move-out.
• Request a written inspection report and keep a copy.
• Communicate concerns with your landlord in writing.
• Clean thoroughly before moving out to remove odours or pet-related residue.

Where to Find a Pet-Friendly Rental

Looking for a new home that welcomes pets? Search pet-friendly rentals on Houseme.ca for listings across Nunavut and Canada.

FAQ: Tenant Rights for Pet & Smoking Damages in Nunavut

1. Can my landlord charge me for odours left by my pet or smoking?
   Only if the odours are excessive and considered damage, not just normal scent. The landlord needs proof and must follow Nunavut’s dispute process.
2. What can I do if I don’t agree with a landlord’s damage claim?
   You can dispute the claim through the Nunavut Rental Office by filing a Notice of Application (Form 1).
3. Do I need to pay for repainting if I smoked inside, even when the lease allowed smoking?
   If damage goes beyond normal wear—such as stains or strong odour—your landlord may deduct from your deposit. If in doubt, seek a tribunal decision.
4. Does my security deposit automatically cover damage claims?
   No. Your landlord must show evidence of real damages before keeping your deposit. You have a right to challenge this at the Rental Office.
5. How can I avoid damage disputes over my pet?
   Keep your rental clean, repair minor issues quickly, and document everything at move-in and move-out.

Conclusion: What Nunavut Tenants Should Remember

• Read your lease closely to understand the rules about pets and smoking.
• Record your unit’s condition and keep all documents.
• If accused, you have the right to dispute and need evidence to support your case.

Knowing your rights and responsibilities can help avoid or quickly resolve most disputes about damages.

Need Help? Resources for Tenants

• Nunavut Rental Office – File complaints, access forms, and get advice.
• Nunavut Legal Aid – Free or low-cost legal help for tenants.
• Tenant Rights and Landlord Rights in Nunavut – Summary of laws and contacts.

---

1. Residential Tenancies Act (Nunavut), available: Nunavut RTA – full text.
2. Nunavut Rental Office forms and information: Official rental guide.

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