Top 5 Eviction Facts Nunavut Tenants Must Know
Understanding the eviction process in Nunavut is essential if you are renting and facing uncertainty. The rules protect both tenants and landlords, but knowing your rights and what steps to take can make a big difference. Whether you’re worried about receiving an eviction notice or simply want to be prepared, this guide covers the most important facts for Nunavut tenants about evictions, the legal process, and where to find support.
1. The Right Notice is Mandatory
A landlord in Nunavut cannot evict a tenant without proper notice and a valid reason under the Nunavut Residential Tenancies Act[1]. Common legal grounds for eviction include unpaid rent, repeated late payments, property damage, illegal activity, or the landlord needing the unit for themselves or a close family member.
- Notice to Terminate for Non-Payment: If you haven’t paid your rent, your landlord must give you a written notice to end the tenancy and state the amount owed.
- Notice for Other Reasons: Different types of notice exist for causes such as persistent noise, safety violations, or the end of a fixed-term lease.
Not sure if your notice is legal? Always double-check the content and delivery date—improper notices are not enforceable.
2. Evictions Must Go Through the Right Legal Process
If you disagree with the notice or want to challenge it, the landlord must apply to the Nunavut Residential Tenancies Office (RTO) for an eviction order. They cannot lock you out or remove your belongings without an official order—even if you are behind on rent.
- The RTO is the government body handling all disputes, applications, and eviction hearings.
- Tenants can present their side and provide evidence at the hearing.
Eviction is never automatic. You have the right to a fair hearing and to respond.
3. Proper Forms Are Required—Here’s What You Need to Know
Both parties must use the correct forms, available directly from the RTO:
- Notice of Termination (Form 3): Used by landlords to officially notify tenants of eviction for reasons like non-payment or breach of agreement. Example: If your rent is late, your landlord should give you this form, clearly stating the outstanding amount and timeframe to pay or vacate.
- Nunavut Landlord and Tenant Forms – Download all required forms, including for responding to eviction notices or to request a hearing.
- Application for Dispute Resolution (Form 4): If you wish to challenge an eviction or any action by your landlord, use this form to request a hearing at the RTO.
Always keep copies and submit forms promptly to avoid losing your legal rights.
4. Your Rights During the Eviction Process
As a tenant, you have important rights during the eviction process, including:
- The right to receive notice in writing with the reason and timeframe
- The right to stay in your home until the RTO makes a decision
- The right to appear and present evidence at a hearing
- You do not have to move out until an official RTO order requires it
Seeking help or legal advice is encouraged if you feel your rights are at risk. See Tenant Rights and Landlord Rights in Nunavut for more on your legal protections.
5. Clean Move-Outs Can Prevent Deposit Disputes
After an eviction or at the end of your rental, leaving your unit in good condition can help you avoid conflicts with your landlord—especially about your security deposit.
- Document the condition of the unit before leaving. Take photos or videos.
- Return all keys and follow proper move-out procedures.
- Know your landlord’s obligations regarding deposit returns and cleaning fees.
For more information, see How to Get Your Security Deposit Back with Interest When Moving Out.
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FAQ: Evictions in Nunavut
- Can my landlord evict me without a reason?
No, landlords in Nunavut must have a legal reason and provide written notice as required by the Residential Tenancies Act. - What happens if I receive an eviction notice for unpaid rent?
You can pay the outstanding amount within the specified period to avoid eviction. If you disagree with the notice, you may apply to the Residential Tenancies Office for a dispute resolution hearing. - Can my landlord lock me out if I don't leave on the date in the notice?
No, only an official order from the RTO after a hearing can require you to leave. Lockouts without an order are illegal. - How do I respond if I want to challenge an eviction?
Complete the Application for Dispute Resolution (Form 4) and submit it to the RTO as soon as possible. - What if I need legal help during an eviction?
Contact the Nunavut Legal Services Board or a local tenant association for advice and support.
How-To: Navigating an Eviction Notice in Nunavut
- How to respond to an eviction notice for non-payment?
Carefully review the notice. If you can, pay the amount owed within the specified timeframe. If you believe the notice is unfair or mistaken, submit Form 4 to the RTO to request a hearing. - How to request a dispute resolution hearing?
Download Application for Dispute Resolution (Form 4) from the official government website. Fill it out, provide any supporting evidence, and send it to the Nunavut Residential Tenancies Office before the deadline. - How to protect your rights during the eviction process?
Document all interactions, keep copies of notices/forms, and attend all scheduled hearings to present your case.
Key Takeaways
- Landlords must follow strict notice and legal application steps before evicting a tenant in Nunavut.
- Tenants have the right to dispute an eviction and attend a fair hearing with the RTO.
- Using the right government forms and keeping documentation helps protect your rights and deposit.
Staying informed keeps you protected and in control during any rental dispute.
Need Help? Resources for Tenants
- Nunavut Residential Tenancies Office (RTO): File disputes, get forms, and find official guidance on evictions.
- Nunavut Residential Tenancies Act – PDF: Review the territory's tenancy law.
- Nunavut Legal Services Board: Free or low-cost legal advice for residents.
- Tenant Rights and Landlord Rights in Nunavut: Overview of tenant protections specific to Nunavut.
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