Landlord Guide to Renting in Nunavut

The Nunavut RTA applies to most residential rental agreements. Written agreements are strongly recommended, though oral agreements are also enforceable. The landlord must ensure the tenant receives a copy of the written agreement or a written statement of the tenancy terms.

• Both fixed-term and periodic tenancies are recognized under the RTA
• If a written agreement exists, the landlord must provide the tenant with a signed copy (RTA, s. 6)
• Terms that attempt to waive or contract out of the RTA are void and unenforceable (RTA, s. 4)
• The Nunavut Rental Officer can provide guidance on creating tenancy agreements that comply with the Act

The RTA limits the security deposit to one month's rent. The deposit must be held in trust and the landlord must pay interest to the tenant as prescribed by regulation.

• Maximum security deposit: one month's rent (RTA, s. 15(1))
• The deposit must be held in a trust account separate from the landlord's personal funds (RTA, s. 15(3))
• Interest on the deposit must be paid to the tenant annually or at the end of the tenancy at the prescribed rate
• No additional deposits (e.g., pet deposits or key deposits) beyond one month's rent are permitted

Nunavut landlords should disclose material information about the rental premises and document the condition of the unit at the start of the tenancy to avoid disputes over the security deposit.

• A joint move-in condition inspection report should be completed and signed by both parties at the start of the tenancy
• The landlord must disclose the name and address of the property owner or the owner's authorized agent
• Known material defects or health hazards should be disclosed before the tenant takes possession
• If the premises are located in an area with ongoing environmental concerns (e.g., water quality), this should be disclosed

Rent is due on the date specified in the tenancy agreement. Nunavut does not impose a statutory grace period. Landlords may charge a late fee only if the agreement provides for one and the amount is reasonable.

• Rent is due on the date specified in the agreement; if not specified, on the first day of each rental period
• No statutory grace period for late rent
• Landlords must provide a receipt for rent upon request (RTA, s. 17)
• Distress (seizure of a tenant's goods for non-payment of rent) is prohibited (RTA, s. 18)

Landlords must maintain the rental premises in a good state of repair, fit for habitation, and compliant with applicable health and safety standards. This obligation applies throughout the tenancy regardless of any agreement to the contrary.

• The landlord must provide and maintain the premises in a good state of repair and fit for habitation (RTA, s. 21(1))
• Essential services — heat, water, electricity, and sewage — must be maintained at all times (RTA, s. 21(2))
• Tenants must notify the landlord in writing of needed repairs; the landlord must respond within a reasonable time
• The Rental Officer may order the landlord to complete repairs if the landlord fails to act (RTA, s. 50)

Landlords must provide written notice before entering a tenant's unit for non-emergency purposes. The RTA limits entry to reasonable times and specified purposes.

• At least 24 hours' written notice is required for non-emergency entry (RTA, s. 23(2))
• Entry must occur between 8 a.m. and 8 p.m. unless the tenant agrees otherwise
• Permitted purposes include inspections, repairs, showings to prospective tenants or purchasers, and appraisals
• Emergency entry (e.g., fire, flood, imminent danger to persons or property) is permitted without notice (RTA, s. 23(4))

Nunavut does not have rent control, so there is no cap on the amount of a rent increase. However, landlords must provide proper written notice and may not increase rent more than once in a 12-month period.

• No statutory cap on the amount of a rent increase
• A minimum of 90 days' written notice is required before a rent increase takes effect (RTA, s. 33(1))
• Rent may only be increased once in any 12-month period (RTA, s. 33(2))
• Rent cannot be increased during a fixed-term tenancy unless the agreement expressly permits it

The notice period for terminating a tenancy in Nunavut depends on the type of tenancy and the reason for termination. All notices must be in writing and served in accordance with the RTA.

• Month-to-month tenancy, tenant: at least one rental period's written notice (RTA, s. 36)
• Month-to-month tenancy, landlord (no cause): at least three months' written notice (RTA, s. 37)
• Nonpayment of rent: 14 days' written notice; the tenant may void the notice by paying in full within the notice period (RTA, s. 40)
• Substantial breach: written notice specifying the breach and a reasonable opportunity to remedy (RTA, s. 41)

Self-help evictions are prohibited in Nunavut. A landlord must follow the statutory process through the Rental Officer and, if necessary, the Nunavut Court of Justice to remove a tenant.

• Serve the appropriate written termination notice under the RTA
• If the tenant does not vacate, apply to the Rental Officer for an order of possession (RTA, s. 50)
• If the tenant fails to comply with the Rental Officer's order, apply to the Nunavut Court of Justice for enforcement
• Self-help evictions — changing locks, removing belongings, or disconnecting utilities — are prohibited and may result in penalties (RTA, s. 24)

The landlord must return the security deposit plus accrued interest within 10 days after the tenancy ends and the tenant provides a forwarding address, less any lawful deductions.

• Return deadline: within 10 days after the tenancy ends and the tenant provides a forwarding address (RTA, s. 16(1))
• The landlord must provide a written itemized statement of any deductions
• Permissible deductions: unpaid rent, costs of repairing damage beyond normal wear and tear, and reasonable cleaning costs
• If the landlord fails to return the deposit within 10 days, the tenant may apply to the Rental Officer for an order requiring return of the full deposit plus interest