Residential Tenancies Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.R-5
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by SNWT 1998,c.17,s.26
- s.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.1 amended by An Act to Amend the Residential Tenancies Act (SI-005-2018)
- s.1 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.1 amended by An Act to Amend the Northwest Territories Housing Corporation Act in force April 1, 2023
- s.2 amended by RSNWT 1988,c.8(Supp.),s.246 in force July 19, 1993 (SI-008-93)
- s.2 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.3 amended by Miscellaneous Statute Law Amendment Act, 2011
- s.7 amended by SNWT 2002,c.18,s.78 in force July 1, 2004 (SI-006-2004)
- s.8 amended by An Act to Amend the Northwest Territories Housing Corporation Act in force April 1, 2023
- s.9 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.10 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.12 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.13 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.14 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.14.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.14.1 amended by Miscellaneous Statute Law Amendment Act, 2011
- s.14.2 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.15 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.15 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.16 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.17 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.17.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.17.1 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.18 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.18.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.18.2 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.19 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.19 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.22 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.22 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.23 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.26 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.29 amended by SNWT 1995, c.28, s.161 in force July 1, 1996 (SI-003-96)
- s.30 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.32 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.33 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.33 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.35 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.36.1 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.43 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.44 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.44 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.46 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.46.1 amended by Cannabis Legalization and Regulation Implementation Act
- s.47 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.49 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.51 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.51 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.52 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.54 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.54 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.54.1 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.55 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.56 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.56 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.58 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.59 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.60 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.62 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.62.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.63 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.63 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.63.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.64 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.65 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.66 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.68 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.70 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.71 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.72 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.72 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.72 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.74.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.74.2 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.74.3 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.76 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.76 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.77 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.78 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.79.1 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.80 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.81 repealed by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.83 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.84.1 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.84.2 amended by An Act to Amend the Residential Tenancies Act (SI-005-2018)
- s.86 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.86 amended by An Act to Amend the Residential Tenancies Act (SI-005-2018)
- s.86.1 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.86.2 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.86.2 amended by Miscellaneous Statute Law Amendment Act, 2012
- s.87 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.87 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.88 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.88 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.91 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.91 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.92 amended by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.92 amended by An Act to Amend the Residential Tenancies Act in force Aug. 31, 2015 (SI-004-2015)
- s.92 amended by An Act to Amend the Residential Tenancies Act (SI-005-2018)
- s.92 amended by Justice Administration Statutes Amendment Act in force Sept. 1, 2019 (SI-009-2019)
- s.sched_1 repealed by An Act to Amend the Residential Tenancies Act in force Sept. 1, 2010 (SI-004-2010)
- s.1 Co-operative Associations Act
- s.1 Family Law Act
- s.1 Housing Northwest Territories Act
- s.2 Land Titles Act
- s.7 Frustrated Contracts Act
- s.7 Human Rights Act
- s.7 Arbitration Act
- s.8 Housing Northwest Territories Act
- s.17 Trustee Act
- s.46.1 Cannabis Products Act
- s.54.1 Protection Against Family Violence Act
- s.54.1 Protection Against Family Violence Act
- s.54.1 Protection Against Family Violence Act
- s.63 Land Titles Act
- s.63 Condominium Act
- s.63.1 Land Titles Act
- s.74 Public Inquiries Act
- Access to Information and Protection of Privacy Regulations, s.sched_2
- Cannabis Products Act, s.73
- Commissioner's Land Act, s.3
- Condominium Act, s.6.6
- Condominium Act, s.6.6
- Condominium Act, s.6.6
- Condominium Act, s.19.3
- Condominium Act, s.19.5
- Condominium Act, s.19.5
- Condominium Act, s.19.6
- Condominium Act, s.28.2
- Designation of Government Body Regulations, s.sched_1
- Family Law Act, s.48
- Family Law Act, s.55
- Government Institution Regulations, s.sched_1
- Legal Aid Regulations, s.3
- Residential Tenancies Regulations, s.2 → #sec_16__subsec_1
- Residential Tenancies Regulations, s.3 → #sec_41__subsec_2
- Residential Tenancies Regulations, s.4 → #sec_71__subsec_1
- Residential Tenancies Regulations, s.4.1 → #sec_86__subsec_1.1
- Residential Tenancies Regulations, s.5 → #sec_54.1
- Residential Tenancies Regulations, s.form_1
- Residential Tenancies Regulations, s.form_1
- Residential Tenancies Regulations, s.form_1 → #sec_54
- Residential Tenancies Regulations, s.form_1 → #sec_23
- Residential Tenancies Regulations, s.form_1 → #sec_22
- Residential Tenancies Regulations, s.form_1 → #sec_71
- Residential Tenancies Regulations, s.form_1 → #sec_45
- Residential Tenancies Regulations, s.form_1 → #sec_38
- Residential Tenancies Regulations, s.form_1 → #sec_37
- Residential Tenancies Regulations, s.form_1 → #sec_36
- Residential Tenancies Regulations, s.form_1 → #sec_34
- Residential Tenancies Regulations, s.form_1 → #sec_33
- Residential Tenancies Regulations, s.form_1 → #sec_30
- Residential Tenancies Regulations, s.form_1 → #sec_27
- Residential Tenancies Regulations, s.form_1 → #sec_26
- Residential Tenancies Regulations, s.form_1 → #sec_25
- Residential Tenancies Regulations, s.form_1 → #sec_31
- Residential Tenancies Regulations, s.form_1 → #sec_30
- Residential Tenancies Regulations, s.form_1 → #sec_18
- Residential Tenancies Regulations, s.form_1 → #sec_14.1
- Residential Tenancies Regulations, s.form_1 → #sec_14
- Residential Tenancies Regulations, s.form_1 → #sec_41
- Residential Tenancies Regulations, s.form_1 → #sec_47
- Residential Tenancies Regulations, s.form_1 → #sec_49
Definitions
1.(1) In this Act,
"approved form" means a form approved by the Minister; (forme agréée)
"caretaker’s unit" means rental premises used by a person employed as a caretaker, janitor, manager, watchman, security guard or superintendent in respect of a residential complex in which the rental premises are situated; (loge)
"Chief Rental Officer" means the Chief Rental Officer appointed under subsection 72(1); (régisseur en chef)
"common areas" include yards, walkways, steps, driveways, alleys and corridors; (aires communes)
"entry inspection report" means a report in respect of the condition and contents of rental premises, prepared after an inspection of the premises, in accordance with subsection 15(3); (rapport d’inspection initiale)
"exit inspection report" means a report in respect of the condition and contents of rental premises, prepared after an inspection of the premises at the end of a tenancy; (rapport d’inspection finale)
"housing co-operative association" means an association incorporated under the Co-operative Associations Act that is a non-profit corporation the main purpose of which is to provide living accommodation for its members; (coopérative d’habitation)
"landlord" includes the owner, or other person permitting occupancy of rental premises, and his or her heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying rental premises, who is entitled to possession of a residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; (locateur)
"mobile home" means a dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (maison mobile) "mobile home park" means land on which two or more occupied mobile homes are located for a period of 60 days or more, and includes all common areas, services and facilities available for the use of the tenants of the mobile homes; (parc de maisons mobiles)
"pet security deposit" means money paid, or any property, right or value given, by a tenant to a landlord, landlord’s agent or to anyone acting on the landlord’s behalf, as security for damage that may be caused to rental premises by a pet; (dépôt pour animal de compagnie)
"rent" includes the amount of any consideration paid or required to be paid by a tenant to a landlord or his or her agent for the right to occupy rental premises and for any services and facilities, privilege, accommodation or thing that the landlord provides for the tenant in respect of his or her occupancy of the rental premises, whether or not a separate charge is made for the services and facilities, privilege, accommodation or thing; (loyer)
"rental officer" means a rental officer appointed under subsection 72(1.1) or the Chief Rental Officer appointed under subsection 72(1); (régisseur)
"rental premises" means a living accommodation or land for a mobile home used or intended for use as rental premises and includes a room in a boarding house or lodging house; (logement locatif)
"residential complex" means a building, related group of buildings or mobile home park, in which one or more rental premises are located and includes all common areas, services and facilities available for the use of tenants of the building, buildings or park; (ensemble d’habitation)
"security deposit" means money paid, or any property, right or value given, by a tenant to a landlord, landlord’s agent or to anyone acting on the landlord’s behalf, as security for damage that may be caused to rental premises or for any arrears of rent; (dépôt de garantie)
"services and facilities" includes furniture, appliances and furnishings, parking and related facilities, laundry facilities, elevator facilities, common recreational facilities, garbage facilities and related services, cleaning or maintenance services, storage facilities, intercom systems, cable television facilities, heating facilities or services, air-conditioning facilities, utilities and related services, and security services or facilities; (services et installations)
"spouse" has the meaning assigned to it by section 1 of the Family Law Act; (conjoint)
"subsidized public housing" means rental premises rented to an individual or family of low or modest income at a reduced rent determined by the income of the tenant and funded by the Government of Canada, the Government of the Northwest Territories or a municipality or an agency of the Government of Canada, the Government of the Northwest Territories or a municipality pursuant to the National Housing Act (Canada) or the Housing Northwest Territories Act; (logement public subventionné)
"subtenant" means a person who has been given the right to occupy rental premises by a tenant; (sous- locataire)
"tenancy agreement" means an agreement between a landlord and a tenant for the right to occupy rental premises, whether written, oral or implied, including renewals of such an agreement; (bail)
"tenant" means a person who pays rent in return for the right to occupy rental premises. (locataire)
(1.1) For the purposes of this Act, if a rental premises is other than subsidized public housing, "tenant" includes the tenant’s heirs, assigns and personal representatives.
(2) For the purposes of this Act, a tenant has vacated the rental premises and the residential complex where the tenancy has been terminated in accordance with this Act and
(a) the tenant has left the rental premises and informed the landlord that the tenant does not intend to return; or
(b) the tenant does not ordinarily live in the rental premises and the rent the tenant has paid is no longer sufficient to meet the tenant’s obligation to pay rent.
(3) For the purposes of this Act, a tenant has abandoned the rental premises and the residential complex where the tenancy has not been terminated in accordance with this Act and
(a) the landlord has reasonable grounds to believe that the tenant has left the rental premises; or
(b) the tenant does not ordinarily live in the rental premises, has not expressed an intention to resume living in the rental premises, and the rent the tenant has paid is no longer sufficient to meet the tenant’s obligation to pay rent.
(4) For the purposes of this Act, any damage caused by a pet to a residential complex or rental premises, or any disturbance caused by a pet, is deemed to be caused by the tenant if the pet is permitted in the residential complex or rental premises by the tenant or by a person permitted in the complex or premises by the tenant. SNWT 1998,c.17,s.26; SNWT 2008,c.9,s.2(1),(3),(4); SNWT 2017,c.21, s.2; SNWT 2019,c.21,s.9(2); SNWT 2023,c.8,s.17(2).
Contractual relationship between landlord and tenant
2.(1) For the purposes of this Act, the relationship of landlord and tenant created under a tenancy agreement is one of contract only and does not create any interest in land in favour of the tenant.
(2) Notwithstanding subsection (1), where a written tenancy agreement is for a term of more than three years, an interest in land in favour of a tenant may be created pursuant to the Land Titles Act.
(3) The doctrine of interesse termini is abolished.
(4) A tenancy agreement takes effect on the date the tenant is entitled to occupy the rental premises. RSNWT 1988,c.8(Supp.),s.246; SNWT 2008,c.9, s.3.
No remedy of distraint
3.(1) No landlord shall distrain for rent payable under a tenancy agreement on the goods and chattels of any person.
(2) No person authorized by any Act or other law or agreement to recover rent payable for rental premises shall distrain on the goods and chattels of a tenant of rental premises. SNWT 2011,c.16,s.22(2).
(3) Repealed, SNWT 2011,c.16,s.22(2).
Breach of covenant
4.Subject to this Act, the common law rules respecting the effect of a breach of a material covenant by one party to a tenancy agreement on the obligation to perform by the other party, apply to tenancy agreements.
Mitigation of damages
5.(1) Where a landlord or tenant is liable to the other for damages as a result of a breach of a tenancy agreement or this Act, the landlord or tenant entitled to claim damages shall mitigate his or her damages.
(2) Without limiting subsection (1), where a tenant terminates a tenancy agreement, contravenes a tenancy agreement, or vacates or abandons rental premises, other than in accordance with this Act or the tenancy agreement, the landlord shall rent the rental premises again as soon as is practicable and at a reasonable rent in order to mitigate the damages of the landlord.
APPLICATION
Application
6.(1) Subject to this section, this Act applies only to rental premises and to tenancy agreements, notwithstanding any other Act or any agreement or waiver to the contrary.
(2) This Act does not apply to
(a) transient living accommodation provided in a hotel, motel, tourist establishment, hostel or other similar accommodation;
(b) living accommodation occupied as a vacation home for a seasonal or temporary period;
(c) living accommodation provided by a housing co-operative association to its members;
(d) living accommodation occupied by a person for penal, correctional, rehabilitative or therapeutic purposes or for the purpose of receiving care;
(e) living accommodation established to temporarily shelter persons in need;
(f) living accommodation provided by a hospital, a nursing home or a home for the aged to its patients;
(g) living accommodation provided by a hospital, a nursing home or a home for the aged to its staff unless the living accommodation has its own self- contained bathroom and kitchen facilities and is intended for year-round occupation by full-time staff or members of their household;
(h) living accommodation provided by an educational institution to its students or staff unless the living accommodation has its own self-contained bathroom and kitchen facilities and is intended for year- round occupation by full-time students or staff or members of their households;
(i) living accommodation situated in a building used for non-residential purposes where the occupancy of the living accommodation is necessarily connected with the employment of the occupant in, or the performance by the occupant of services related to, a non- residential business or enterprise carried on in the building; and
(j) premises occupied for business or agricultural purposes with living accommodation attached under a single tenancy agreement where the person occupying the living accommodation is occupying the premises for business or agricultural purposes.
Application of Frustrated Contracts Act
7.(1) The Frustrated Contracts Act applies to a tenancy agreement.
(2) The Human Rights Act applies to a tenancy agreement.
(3) The Arbitration Act does not apply to mediation of disputes between landlords and tenants. SNWT 2002,c.18,s.78.
BINDING PROVISION
Binding provision
8.Subject to this Act, this Act binds
(a) the Government of the Northwest Territories and its agents where it is a landlord or a tenant of rental premises; and
(b) a housing association and a housing authority as defined in the Housing Northwest Territories Act.
TENANCY AGREEMENTS
Tenancy Agreements
Tenancy agreement
9.(1) A tenancy agreement may be oral, written or implied.
(2) An oral or implied tenancy agreement for a term greater than one year is deemed to be a tenancy agreement for one year only.
(3) A written tenancy agreement must be signed by the parties or their agents and may be in the form of a tenancy agreement set out in the regulations.
(4) A tenancy agreement is deemed to be in writing where it has been signed by one party or his or her agent, given to the other party or his or her agent and the landlord permits the tenant to take occupancy of the rental premises. SNWT 2008,c.9,s.4.
Provisions of tenancy agreement
10.(1) A tenancy agreement is deemed to include the provisions of the form of a tenancy agreement set out in the regulations and, subject to subsection 12(1), any provision of a tenancy agreement that is inconsistent with the provisions of the form of tenancy agreement set out in the regulations has no effect.
(2) Subsection (1) applies to all tenancy agreements that are in effect on or after the day on which this section comes into force. SNWT 2008, c.9,s.5.
Delivery of copy of agreement
11.(1) Where a tenancy agreement is in writing, the landlord shall ensure that a copy of the agreement, signed by the landlord and tenant, is given to the tenant within 60 days after it has been signed by the tenant and delivered to the landlord.
(2) Where a landlord does not deliver a copy of a tenancy agreement in compliance with subsection (1), a tenant may pay to a rental officer the rent lawfully required on the subsequent dates specified by the tenancy agreement until the landlord complies with subsection (1).
(3) The burden of proof that a landlord has complied with subsection (1) is on the landlord.
(4) A landlord who complies with subsection (1) after a tenant has paid his or her rent to a rental officer may recover the rent paid by the tenant from the rental officer.
Additional rights and obligations
12.(1) A landlord and tenant may include in a written tenancy agreement additional rights and obligations that are not inconsistent with this Act and the
(2) Where an additional obligation concerns the tenant’s use, occupancy or maintenance of the rental premises or residential complex, the obligation cannot be enforced unless it is reasonable in all circumstances.
(3) A landlord shall not establish, modify or enforce rules concerning the tenant’s use, occupancy or maintenance of the rental premises or residential complex, unless the rules are reasonable in all circumstances, in writing and made known to the tenant.
(4) A landlord or tenant may apply to a rental officer to determine whether an obligation or rule is reasonable.
(5) A rental officer who receives an application under subsection (4) may determine whether an obligation or rule is reasonable and order the landlord or tenant to comply. SNWT 2008,c.9,s.6.
Accelerated rent
13.A tenancy agreement must not contain any provision to the effect that a breach of the tenant’s obligation under the tenancy agreement or this Act results in the whole or any part of the remaining rent becoming due and payable or results in a specific sum becoming due and payable, and a provision of this kind is of no effect. SNWT 2008,c.9,s.7.
Security deposit
14.(1) No landlord shall require or receive a security deposit from a tenant other than
(a) in the case of a weekly tenancy, an amount equal to the rent for a period not exceeding one week; or
(b) in the case of a tenancy other than a weekly tenancy, an amount equal to the rent for a period not exceeding one month.
(2) Where a tenant is liable for a security deposit for a tenancy other than a weekly tenancy, the tenant may pay
(a) 50% of the security deposit at the commencement of the tenancy; and
(b) the remaining 50% of the security deposit within three months of the commencement of the tenancy.
(3) A landlord of subsidized public housing and a landlord who is an employer that provides his or her employees with rental premises at a subsidized rent may require a security deposit that is calculated on the market-value rent of the rental premises. SNWT 2008,c.9,s.8.
(4) - (6) Repealed, SNWT 2008,c.9,s.8(4).
Amount of pet security deposit
14.1.(1) A landlord shall not require or receive a pet security deposit from a tenant other than
(a) in the case of a weekly tenancy, an amount equal to 50% of the rent for a period not exceeding one week; or
(b) in the case of a tenancy other than a weekly tenancy, an amount equal to 50% of the rent for a period not exceeding one month.
(2) A landlord of subsidized public housing, or a landlord who is an employer that provides his or her employees with rental premises at a subsidized rent, may require a pet security deposit that is calculated on the market-value rent of the rental premises.
(3) A landlord shall not require or receive a pet security deposit from a tenant
(a) unless the tenant keeps or intends to keep a pet on the rental premises; or
(b) in respect of a service animal used by a person with a disability to avoid hazards or to otherwise compensate for the disability.
(4) A landlord shall not require or receive from a tenant more than one pet security deposit in respect of the rental premises, regardless of the number of pets that the landlord has agreed the tenant may keep on the rental premises.
(5) A landlord shall not require or receive a pet security deposit from a tenant who has continuously occupied the rental premises for a period commencing before September 1, 2010, if the tenant had been permitted to have a pet under the terms of the tenancy agreement in effect immediately before that day. SNWT 2008,c.9,s.9; SNWT 2011,c.16,s.22(3).
Prohibition
14.2.(1) A landlord shall not require or receive from a tenant or prospective tenant any amount as a deposit for damages or for arrears of rent, or any other amount as a condition of entering a tenancy agreement, other than a security deposit and, if applicable, a pet security deposit.
(2) Where, on the application of a landlord or a tenant, a rental officer determines that an obligation imposed by section 14 or 14.1, or this section, has been breached, the rental officer may make an order,
(a) where the tenant has failed to pay the required security deposit or pet security deposit, requiring the tenant to pay the deposit to the landlord;
(b) where a landlord breaches section 14, 14.1 or this section, requiring the landlord to return any amount of security deposit or pet security deposit that is in excess of the maximum amount permitted;
(c) requiring the person who breached the obligation to compensate the party affected for loss suffered as a direct result of the breach; or
(d) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.
Inspection on commence-
15.(1) A landlord or his or her agent shall
(a) conduct an inspection of the condition and contents of rental premises at the beginning of a tenancy; and
(b) offer the tenant reasonable opportunities to participate in the inspection.
(2) If an inspection and entry inspection report were not completed under this section at the beginning of a tenancy, and a landlord requires a pet security deposit from a tenant who, during the tenancy, acquires or plans to acquire a pet, the landlord or his or her agent shall
(a) inspect the condition and contents of the rental premises when the landlord agrees that the tenant may keep the pet on the premises; and
(b) offer the tenant reasonable opportunities to participate in the inspection.
(3) Without delay on the completion of an inspection, the landlord or his or her agent shall
(a) prepare an entry inspection report;
(b) sign the entry inspection report; and
(c) provide the tenant with the opportunity to include comments in the entry inspection report and to sign it.
(4) An entry inspection report may be in the approved form.
(5) A landlord shall ensure that a copy of an entry inspection report is given to the tenant within five days after the day of the inspection.
(6) A landlord shall
(a) retain an entry inspection report for at least 18 months after the tenant vacates or abandons the rental premises; and
(b) make an entry inspection report available to a rental officer upon request.
Interest on security deposits
16.(1) A landlord who receives an amount as a security deposit or pet security deposit in respect of rental premises shall calculate interest on the amount, at a rate determined in accordance with the regulations, and shall annually credit the interest to the tenant on the statement of account maintained in respect of the deposit.
(2) Interest referred to in subsection (1) must be credited to the tenant up to the date he or she vacates or abandons the rental premises. SNWT 2008, c.9, s.10.
Obligation respecting security deposits
17.(1) A landlord shall keep all security deposits, pet security deposits and interest separate and apart from money belonging to the landlord.
(2) A landlord shall hold all security deposits , pet security deposits and interest in trust.
(3) A landlord shall
(a) only invest security deposits, pet security deposits and interest as directed by the Trustee Act; or
(b) deposit all security deposits and pet security deposits in a trust account in a bank within the Northwest Territories.
Inspection on termination
17.1.(1) A landlord or his or her agent shall
(a) conduct an inspection of the condition and contents of rental premises vacated by a tenant at the end of a tenancy; and
(b) offer the tenant reasonable opportunities to participate in the inspection.
(2) A landlord or his or her agent shall, with or without the tenant, conduct an inspection of the condition and contents of rental premises abandoned by the tenant, within one week after the day the landlord ascertains that the tenant has abandoned the rental premises.
(3) Without delay on the completion of an inspection, the landlord or his or her agent shall
(a) prepare an exit inspection report;
(b) sign the exit inspection report; and
(c) if the tenant participated in the inspection, provide the tenant with an opportunity to include comments in the exit inspection report and to sign it.
(4) An exit inspection report may be in the approved form.
(5) A landlord shall ensure that a copy of an exit inspection report is given to the tenant within five days after the day of the inspection.
(6) A landlord shall
(a) retain an exit inspection report for at least 18 months after the tenant vacates or abandons the rental premises; and
(b) make an exit inspection report available to a rental officer upon request.
Definitions
18.(1) In this section and in section 18.1, a reference to "security deposit" or "pet security deposit" includes any interest owing under section 16.
(2) For the purposes of this section, a tenant abandons rental premises on the day the landlord ascertains that the tenant has abandoned the rental premises.
(3) Subject to this section, a landlord who holds a security deposit, a pet security deposit or both shall, within 10 days after the day a tenant vacates or abandons the rental premises, ensure that
(a) the deposit is returned to the tenant; and
(b) the tenant is given an itemized statement of account for the deposit or deposits.
(4) A landlord may, in accordance with this section, retain all or a part of a security deposit, a pet security deposit or both for arrears of rent owing from a tenant to the landlord in respect of the rental premises, and for repairs of damage to the premises caused by the tenant or a person permitted on the premises by the tenant.
(5) A landlord may not retain any amount of a security deposit or pet security deposit for repairs of damage to the rental premises if the landlord or his or her agent
(a) fails to complete an entry inspection report and an exit inspection report; or
(b) fails, without a reasonable excuse accepted by a rental officer, to give a copy of each report to the tenant.
(6) Subsection (5) applies in respect of a tenancy agreement entered into on or after the day on which this section comes into force.
(7) A landlord who intends to withhold all or a portion of a security deposit, a pet security deposit or both shall, within 10 days after the day a tenant vacates or abandons the rental premises,
(a) give written notice to the tenant of that intention; and
(b) subject to subsection (9), return the balance of the deposit or deposits to the tenant.
(8) A notice must include
(a) an itemized statement of account for the deposit or deposits;
(b) a final itemized statement of account for any arrears of rent that the landlord is claiming; and
(c) subject to subsection (9), a final itemized statement of account for any repairs that the landlord is claiming.
(9) A landlord who is unable to determine the correct amount of the cost of repairs within 10 days after the day a tenant vacates or abandons the rental premises, shall
(a) include with the notice referred to in subsections (7) and (8) an estimated itemized statement of account for any repairs; and
(b) within 30 days after the day the tenant vacates or abandons the rental premises,
(i) give the tenant a final itemized statement of account for any repairs that the landlord is claiming, and
(ii) return the balance of the deposit or deposits to the tenant.
(10) Notwithstanding paragraphs (7)(b), (8)(c) and (9)(b), if there is significant damage to the rental premises and the landlord is unable to determine the correct amount of the cost of repairs within 30 days after the tenant vacates or abandons the rental premises, the 30-day period under paragraph (9)(b) is extended to 45 days. SNWT 2008,c.9,s.12.
Application to rental officer
18.1.Where, on the application of a tenant, a rental officer determines that a landlord has breached an obligation under section 18, or has failed to return an amount of a security deposit, pet security deposit or both that is owing to the tenant, the rental officer may make an order
(a) requiring the landlord to comply with the landlord’s obligation; or
(b) requiring the landlord to return all or part of the security deposit, pet security deposit or both.
Right to return of deposit extinguished
18.2.A tenant is not entitled to the return of any amount of a security deposit or pet security deposit after the expiry of one year after the date the tenant vacated or abandoned the rental premises to which it relates if, during the year, the landlord made all reasonable efforts to locate the tenant to return the amount, but was unsuccessful in doing so. SNWT 2008,c.9,s.12.
Change of Landlord or Tenant
Change of landlord
19.(1) Where there is a change of landlord, all rights and obligations arising under this Act, and any additional rights and obligations arising under a written tenancy agreement, bind the new landlord.
(2) A tenant may continue, without prejudice, to pay rent to the landlord until the tenant has received a written notice that a new landlord has acquired the residential complex and is attempting to enforce any of the rights of the landlord under this Act or the tenancy agreement, including the right to collect rent.
(3) Where a tenant is uncertain about who is entitled to be paid the rent, the tenant may request a rental officer to inquire into the matter.
(4) Where the rental officer is unable to ascertain the person entitled to the rent pursuant to a request referred to in subsection (3), the rental officer may direct the tenant to pay his or her rent to the rental officer until the person entitled to the rent is determined, at which time the rent must be paid to that person. SNWT 2008,c.9,s.13; SNWT 2019,c.21, s.9(3).
Consequences of change of
20.Where there is a change of landlord,
(a) the new landlord is liable to a tenant for any breach of the landlord’s obligations under this Act or the tenancy agreement, where the breach relates to the period after the change of landlord, whether or not the breach began before the change of landlord;
(b) the former landlord is liable to a tenant for any breach of the landlord’s obligations under this Act or the tenancy agreement, where the breach relates to the period before the change of landlord;
(c) the new landlord is entitled to enforce against a tenant any obligation of the tenant under this Act or the tenancy agreement, where the breach of obligation relates to the period after the change of landlord, whether or not the breach began before the change of landlord;
(d) the former landlord is entitled to enforce against a tenant any obligation of the tenant under this Act or the tenancy agreement, where the breach of obligation relates to the period before the change of landlord; and
(e) where the former landlord has started a proceeding under this Act before the change of landlord that may affect the rights or obligations of the new landlord, the new landlord is entitled to join in or continue the proceeding.
Change of tenant by assignment
21.(1) Where a tenant has assigned a tenancy agreement to another person, all the rights and obligations arising under this Act, and any additional rights and obligations arising under the written tenancy agreement, bind the new tenant.
(2) A tenant who sublets remains entitled to the rights of a tenant and is liable to the landlord for breaches of the tenant’s obligations, under this Act or the tenancy agreement.
Assignment and Subletting
Right to assign or sublet
22.(1) Where a tenant has a tenancy agreement for a period of six months or more or has no fixed tenancy agreement and has occupied a rental premises for a period of six months or more, the tenant may, subject to subsection (2), transfer his or her right to occupy the rental premises to another person but the transfer must be either
(a) an assignment where the tenant does not intend to return to the rental premises, and the tenant gives up all his or her interest in the rental premises to the other person; or
(b) a subletting, where the tenant
(i) intends to return to the rental premises,
(ii) gives the right to occupy the rental premises to another person for a term ending on a specified date before the end of the tenant’s term, and
(iii) will resume occupancy on that date.
(2) An assignment or subletting is not valid unless the landlord has given written consent, which must not be unreasonably withheld.
(3) Where a landlord unreasonably withholds consent to an assignment or subletting, a tenant may request an order from a rental officer permitting the assignment or subletting without the landlord’s written consent.
(4) A rental officer may issue an order permitting the assignment or subletting without the landlord’s written consent pursuant to a request referred to in subsection (3). SNWT 2008,c.9,s.14; SNWT 2019, c.21, s.9(3).
Charge for consent
23.(1) A landlord shall not charge for giving consent to an assignment or subletting except for reasonable expenses incurred to give the consent, not exceeding $50.
(2) A consent to an assignment or subletting may be in the approved form and must be signed by the landlord or agent of the landlord.
(3) An assignment or a subletting agreement may be in the approved form.
(4) An assignment must be signed by the tenant and new tenant or their agents.
(5) A subletting agreement must be signed by the tenant and subtenant or their agents.
(6) Where there is a written tenancy agreement, a copy of the tenancy agreement must be attached to the assignment or subletting agreement.
(7) An assignment or subletting takes effect on the date the new tenant or subtenant is entitled to occupy the rental premises.
(8) This section and section 22 do not apply to subsidized public housing and rental premises provided by an employer to an employee as a benefit of employment. SNWT 2008,c.9,s.15.
Rights and obligations of subtenant
24.(1) A subtenant is entitled to the rights of the tenant, and is liable to the tenant for any breaches of the tenant’s obligations under this Act or the subtenant’s obligations under the subletting agreement, during the term of the subletting.
(2) A subtenant shall cease to occupy the rental premises at the end of the term of the subletting.
RIGHTS AND OBLIGATIONS
Mutual Obligations
Alteration of locks to rental premises
25.(1) No landlord or tenant shall, during occupancy of the rental premises by the tenant, alter or cause to be altered the locking system on any door giving entry to the rental premises except by mutual consent.
(2) A landlord or tenant shall not change the locks on any entrance to the residential complex so as to unreasonably interfere with the other’s access to the complex.
(3) Where, on the application of a landlord or a tenant, a rental officer determines that an obligation imposed by this section has been breached, the rental officer may make an order
(a) requiring the person who breached the obligation to give access to the rental premises or to the residential complex;
(b) requiring the person who breached the obligation not to breach the obligation again; or
(c) requiring the person who breached the obligation to compensate the party affected for loss suffered as a direct result of the breach.
Entering rental premises
26.(1) A landlord shall not enter rental premises except as provided by this section and section 27.
(2) A landlord has the right to enter rental premises, and a tenant shall permit the landlord to enter,
(a) to perform the landlord’s obligations under this Act and the tenancy agreement;
(b) to inspect the rental premises where the tenant has requested the consent of the landlord to an assignment or subletting;
(c) to show the rental premises to prospective tenants where
(i) the tenant has given notice to terminate the tenancy,
(ii) the landlord and tenant have agreed to terminate, or
(iii) a rental officer has made an order terminating the tenancy;
(d) to show the rental premises to prospective purchasers of the residential complex;
(e) to inspect the rental premises every six months;
(f) to permit a mortgagee or prospective mortgagee or an insurer or prospective insurer to inspect the premises where a mortgage or insurance coverage is being arranged or renewed on the residential complex;
(f.1) to conduct an inspection under section 15; or
(g) to inspect the rental premises on the day the tenant is required to vacate the premises to determine if the tenant has fulfilled the tenant’s obligations under this Act and the tenancy agreement.
(3) A landlord who intends to exercise the right to enter under subsection (2) shall give written notice to the tenant at least 24 hours before the first time of entry under the notice, specifying the purpose of the entry and the days and the hours during which the landlord intends to enter the rental premises.
(4) The hours during which the landlord intends to enter the rental premises must be between 8:00 a.m. and 8:00 p.m.
(5) Unless the tenant objects to the days and hours set out in the notice of the landlord and specifies alternative days and hours that are reasonable in the circumstances, the landlord may enter in accordance with the notice given under subsection (3). SNWT 2008,c.9,s.16.
Entry without notice
27.(1) A landlord has the right to enter the rental premises without giving the notice required by subsection 26(3) where
(a) an emergency exists;
(b) the tenant consents at the time of entry; or
(c) the landlord has reasonable grounds to believe that the tenant has vacated or abandoned the rental premises.
(2) In the case referred to in paragraph (1)(a), a landlord has a right to enter even though the tenant is not at home at the time and has not given his or her permission to the landlord to enter.
(3) In the case referred to in paragraph (1)(a), where a tenant is at home at the time, the tenant shall permit the landlord to enter.
Remedies
28.Where, on the application of a landlord or a tenant, a rental officer determines that an obligation imposed by section 26 or 27 has been breached, the rental officer may make an order
(a) requiring the person who breached the obligation to not breach the obligation again; or
(b) requiring the person who breached the obligation to compensate the affected party for loss suffered as a direct result of the breach.
Entry by political canvassers
29.A landlord shall not restrict reasonable access to the residential complex by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or any office of a municipal government or a District Education Authority, for the purpose of canvassing or distributing election material. SNWT 1995, c.28, s.161.
Landlord’s Obligations
Obligation to repair
30.(1) A landlord shall
(a) provide and maintain the rental premises, the residential complex and all services and facilities provided by the landlord, whether or not included in a written tenancy agreement, in a good state of repair and fit for habitation during the tenancy; and
(b) ensure that the rental premises, the residential complex and all services and facilities provided by the landlord comply with all health, safety and maintenance and occupancy standards required by law.
(2) Any substantial reduction in the provision of services and facilities is deemed to be a breach of subsection (1).
(3) Subsection (1) applies even where a tenant had knowledge of any state of non-repair before the tenant entered into the tenancy agreement.
(4) Where, on the application of a tenant, a rental officer determines that the landlord has breached an obligation imposed by this section, the rental officer may make an order
(a) requiring the landlord to comply with the landlord’s obligation;
(b) requiring the landlord to not breach the landlord’s obligation again;
(c) authorizing any repair or other action to be taken by the tenant to remedy the effects of the landlord’s breach and requiring the landlord to pay any reasonable expenses associated with the repair or action;
(d) requiring the landlord to compensate the tenant for loss that has been or will be suffered as a direct result of the breach; or
(e) terminating the tenancy on a date
tenant to vacate the rental premises on that date.
(5) A tenant shall give reasonable notice to the landlord of any substantial breach of the obligation imposed by subsection (1) that comes to the attention of the tenant.
(6) A landlord shall, within 10 days, remedy any breach referred to in subsection (5). SNWT 2008, c.9,s.17.
Agreement where tenant to repair
31.(1) Notwithstanding section 30, where a residential complex is composed of one rental premises, a landlord and tenant may agree that any or all of the obligations set out in subsection 30(1) may be performed by the tenant except for repairs required as a result of reasonable wear and tear or as a result of fire, water, tempest or other act of God.
(2) Where, on the application of a landlord, a rental officer determines that the tenant has breached an obligation imposed by this section, the rental officer may make an order
(a) requiring the tenant to comply with the tenant’s obligation;
(b) requiring the tenant to not breach the tenant’s obligation again;
(c) authorizing any repair or other action to be taken by the landlord to remedy the effects of the tenant’s breach and requiring the tenant to pay any reasonable expenses associated with the repair or action;
(d) requiring the tenant to compensate the landlord for loss that has been or will be suffered as a direct result of the breach; or
(e) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.
Payment of rent to rental officer
32.(1) Where the landlord does not remedy a substantial breach within 10 days of the notice referred to in subsection 30(5), the tenant may apply to a rental officer to pay to a rental officer all or part of the rent lawfully required on the subsequent dates specified by the tenancy agreement and a rental officer may order the tenant to pay the rent to the rental officer.
(2) The payment of rent to the rental officer referred to in subsection (1) must be accompanied by an application to the rental officer under subsection 30(4).
(2.1) A rental officer may order that any amount of rent paid to the rental officer under subsection (1) be used to satisfy an order made under paragraph 30(4)(c) or (d).
(2.2) A landlord may recover from a rental officer any amount of rent paid by the tenant under subsection (1) that is not required to satisfy an order under paragraph 30(4)(c) or (d).
(3) Where a rental officer is of the opinion that the tenant had no reasonable grounds to believe that there was a substantial breach of the obligation imposed by subsection 30(1), the rental officer may make an order requiring the tenant to compensate the landlord for any additional reasonable expenses incurred by the landlord in collecting rent from the rental officer. SNWT 2008,c.9,s.18.
Definition: "vital service"
33.(1) In this section, "vital service" includes heat, fuel, electricity, gas, hot and cold water and any other public utility.
(2) No landlord shall, until the date the tenant vacates or abandons the rental premises,
(a) withhold or cause to be withheld the reasonable supply of a vital service that the landlord is obligated to supply under the tenancy agreement; or
(b) deliberately interfere with the supply of a vital service, whether or not the landlord is obligated to supply that service under the tenancy agreement.
(3) Where, on the application of a tenant, a rental officer determines that the landlord has breached the prohibition imposed by subsection (2), the rental officer may make an order
(a) requiring the landlord to not withhold vital services;
(b) requiring the landlord to not withhold vital services again;
(c) requiring the landlord to compensate the tenant for loss suffered as a direct result of the breach;
(d) directing the tenant to pay to the rental officer all or part of his or her rent that would otherwise be payable to the landlord;
(d.1) directing that all or part of the rent paid under paragraph (d) be used to pay for vital services; or
(e) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.
(3.1) A landlord may recover from a rental officer any amount of rent paid by the tenant under paragraph (3)(d) that is not required for payment under paragraph (3)(d.1).
(4) Where a landlord is obligated to provide a vital service under a tenancy agreement, the person who provides a vital service to a residential complex on behalf of the landlord shall notify a rental officer if a vital service will no longer be provided to that residential complex. SNWT 2008,c.9,s.19; SNWT 2019,c.21, s.9(3).
Quiet enjoyment
34.(1) No landlord shall disturb a tenant’s possession or enjoyment of the rental premises or residential complex.
(2) Where, on the application of a tenant, a rental officer determines that the landlord has breached the obligation imposed by subsection (1), the rental officer may make an order
(a) requiring the landlord to comply with the landlord’s obligation;
(b) requiring the landlord to not breach the landlord’s obligation again;
(c) requiring the landlord to compensate the tenant for loss suffered as a direct result of the breach; or
(d) terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.
Seizure of property of tenant
35.(1) No landlord shall seize the personal property of a tenant for any breach by the tenant of the tenancy agreement or under this Act, including the obligation to pay rent.
(2) Subsection (1) does not apply to a seizure of property where the seizure is made by the Sheriff in satisfaction of an order of a judge of the Supreme Court, territorial judge or rental officer. SNWT 2010,c.16,Sch.A,s.34(3).
Notice of legal name of landlord
36.(1) A landlord shall give notice to the tenants of the landlord of
(a) the name, address for the giving of notices or documents and telephone number of the landlord; and
(b) the name, address and telephone number of any agent of the landlord having authority in respect of the residential complex.
(2) Where a landlord rents more than one rental premises in the same residential complex and retains possession of part of the complex for the common use of all tenants, the landlord shall fulfil the obligation imposed by subsection (1) by posting up and maintaining posted in a conspicuous place the information required by subsection (1).
(3) Any proceeding taken by a tenant may be commenced against the landlord in the name provided under paragraph (1)(a).
(4) Where, on the application of a tenant, a rental officer determines that the landlord has breached an obligation imposed by this section, the rental officer shall make an order requiring the landlord to comply with this obligation.
Receipt for payment
36.1.(1) A landlord shall provide to a tenant or former tenant, on request and free of charge, a receipt for the payment of any rent, security deposit, pet security deposit or other amount.
(2) Subsection (1) does not apply to a request made more than 12 months after the tenancy is terminated. SNWT 2015,c.8,s.4.
Copy of Act
37.At the request of a tenant, a landlord shall make a copy of this Act available for consultation by a tenant at a reasonable time.
Tenant directory
38.(1) A landlord of a residential complex of more than five rental premises shall draw up and keep up to date a tenant directory that indicates the tenants who may require special assistance in an emergency.
(2) A landlord referred to in subsection (1) shall post inside the door of the fire panel in the residential complex a copy of the tenant directory referred to in subsection (1).
Compliance with additional obligations
39.(1) Where in a written tenancy agreement a landlord has undertaken additional obligations, the landlord shall comply with the additional obligations that are reasonable in all circumstances.
(2) Where, on the application of a tenant, a rental officer determines that the landlord has breached an additional obligation that the landlord has undertaken, the rental officer may make an order
(a) requiring the landlord to comply with the landlord’s obligation;
(b) requiring the landlord to not breach the landlord’s obligation again;
(c) requiring the landlord to compensate the tenant for loss suffered as a direct result of the breach;
(d) authorizing any reasonable action that is to be taken by the tenant to remedy the effects of the landlord’s breach and requiring the landlord to pay any reasonable expenses directly associated with the action; or
(e) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.
Safety devices
40.(1) A landlord shall cause to be installed in the rental premises, including the door giving entry to a residential complex, devices necessary to make rental premises reasonably secure from unauthorized entry.
(2) Where, on the application of a tenant, a rental officer determines that the landlord has breached an obligation imposed by this section, the rental officer shall make an order requiring the landlord to comply with this obligation.
(3) A landlord who does not comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $500.
Tenant’s Obligations
Obligation to pay rent
41.(1) A tenant shall pay to the landlord the rent lawfully required by the tenancy agreement on the dates specified by the tenancy agreement.
(2) A tenant who pays his or her rent later than the dates specified by the tenancy agreement is liable to a penalty calculated in accordance with the regulations.
(3) Repealed, SNWT 2008,c.9,s.20(2).
(4) Where, on the application of a landlord, a rental officer determines that a tenant has failed to pay rent in accordance with subsection (1), the rental officer may make an order
(a) requiring the tenant to pay the rent owing and any penalty for late payment;
(b) requiring the tenant to pay his or her rent on time in the future; or
(c) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.
(5) Where a rental officer makes an order under paragraph (4)(a), the rental officer may, in determining the amount of rent owing, where the rental officer considers it is justified in doing so, take into account reasonable expenses that will be incurred by the tenant to remedy the effects of any breach by the landlord of the landlord’s obligation to repair.
(6) A tenant who pays part or all of his or her rent to a rental officer pursuant to subsection 11(2), 19(4) or 32(1) or paragraph 33(3)(d) is not in breach of the obligation imposed by subsection (1). SNWT 2008,c,9,s.20.
Responsibility for repair of damage
42.(1) A tenant shall repair damage to the rental premises and the residential complex caused by the wilful or negligent conduct of the tenant or persons who are permitted on the premises by the tenant.
(2) Ordinary wear and tear of rental premises does not constitute damage to the premises.
(3) Where, on the application of a landlord, a rental officer determines that a tenant has breached the obligation imposed by this section, the rental officer may make an order
(a) requiring the tenant to comply with the tenant’s obligation;
(b) prohibiting the tenant from doing any further damage;
(c) requiring the tenant to compensate the landlord for loss suffered as a direct result of the breach;
(d) authorizing any repair or other action that is to be taken by the landlord to remedy the effects of the tenant’s breach;
(e) requiring the tenant to pay any reasonable expenses directly associated with the repair or action; or
(f) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.
Quiet enjoyment
43.(1) A tenant shall not disturb the landlord’s or other tenants’ possession or enjoyment of the rental premises or residential complex.
(2) A disturbance caused by a person permitted by a tenant to enter the residential complex or the rental premises of the tenant is deemed to be a disturbance caused by the tenant.
(3) Where, on the application of a landlord, a rental officer determines that a tenant has breached the obligation imposed by subsection (1), the rental officer may make an order
(a) requiring the tenant to comply with the tenant’s obligation;
(b) requiring the tenant to not breach the tenant’s obligation again;
(c) requiring the tenant to compensate the persons affected for loss suffered as a direct result of the breach; or
(d) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.
Landlord to investigate complaints
44.(1) Where a tenant informs his or her landlord that the tenant has been affected by another tenant’s breach of the obligation imposed by subsection 43(1), the landlord shall inquire into the complaint and take appropriate action, including the making of an application under subsection 43(3).
(2) Where, after receiving a complaint of a tenant under subsection (1), the landlord does not make an application under subsection 43(3) and the tenant is not satisfied with the action, if any, that the landlord has taken, the tenant may give a written notice to that effect to the landlord and to a rental officer.
(3) Where a rental officer receives a notice under subsection (2), the rental officer shall inquire into the matter and, where the rental officer is of the opinion that there are reasonable grounds for an application under subsection 43(3), shall attempt, by whatever reasonable means the rental officer considers necessary, to resolve the complaint by agreement between the landlord and the tenant who made the complaint.
(4) Where the rental officer is of the opinion that the rental officer has been unable to resolve the complaint within a reasonable time,
(a) an application by the landlord under subsection 43(3) against the tenant alleged to have breached the obligation imposed by subsection 43(1) is deemed to have been made; and
(b) the landlord, the tenant who made the complaint and the tenant alleged to have breached the obligation are parties to the application.
Compliance with additional obligations
45.(1) Where in a written tenancy agreement a tenant has undertaken additional obligations, the tenant shall comply with the obligations under the tenancy agreement and with the rules of the landlord that are reasonable in all circumstances.
(2) A tenant shall maintain the rental premises and all services and facilities provided by the landlord of which the tenant has exclusive use in a state of ordinary cleanliness.
(3) A tenant shall not permit such number of persons to occupy the rental premises on a continuing basis that results in the contravention of health, safety or housing standards required by law or in a breach of the tenancy agreement.
(4) Where, on the application of a landlord, a rental officer determines that a tenant has breached an obligation imposed by this section, the rental officer may make an order
(a) requiring the tenant to comply with the tenant’s obligation;
(b) requiring the tenant to not breach the tenant’s obligation again;
(c) requiring the tenant to compensate the landlord for loss suffered as a direct result of the breach;
(d) authorizing any action that is to be taken by the landlord to remedy the effects of the tenant’s breach and requiring the tenant to pay any reasonable expenses directly associated with the action; or
(e) terminating the tenancy on the date
tenant to vacate the rental premises on that date.
Illegal activities
46.(1) A tenant shall not commit an illegal act or carry on an illegal trade, business or occupation, or permit another person to do so, in the rental premises or in the residential complex.
(2) Where, on the application of a landlord, a rental officer determines that a tenant has breached the obligation imposed by subsection (1), the rental officer may make an order
(a) requiring the tenant to comply with the tenant’s obligation;
(b) requiring the tenant to not breach the tenant’s obligation again; or
(c) terminating the tenancy on the date specified in the order and ordering the tenant to vacate the rental premises on that date.
Definition: "cannabis"
46.1.In this section, "cannabis" means cannabis as defined in subsection 1(1) of the Cannabis Products Act.
(2) No person shall cultivate cannabis in a rental premises if
(a) at the time this section comes into force, there is a tenancy agreement in effect that does not refer to such cultivation; and
(b) the landlord notifies the tenant in writing that such cultivation is prohibited in the rental premises.
(3) A tenancy agreement entered into before the day on which this section comes into force that prohibits or limits the smoking of tobacco, and does not expressly refer to the smoking of cannabis, is deemed to prohibit or limit the smoking of cannabis in the same manner that the smoking of tobacco is prohibited or limited. SNWT 2018,c.6,s.73.
RENT INCREASES
Rent increases
47.(1) Notwithstanding a change in landlord, no landlord shall increase the rent in respect of a rental premises until 12 months have expired from
(a) the date the last increase in rent for the rental premises became effective; or
(b) the date on which rent was first charged, where the rental premises have not been previously rented.
(2) The landlord shall give the tenant notice of the rent increase in writing at least three months before the date the rent increase is to be effective.
(3) An increase in rent by a landlord is not effective until three months have expired from the date of the notice of the rent increase.
(3.1) Where, on the application of a tenant, a rental officer determines that a landlord has breached an obligation imposed by subsection (1) or (2), the rental officer may make an order requiring the landlord to return to the tenant all or part of the rent increase collected as a result of the landlord’s breach.
(4) Where a tenant receives a notice of a rent increase, the tenant
(a) may elect to treat the notice as a notice of termination of the tenancy to be effective on the day immediately preceding the day on which the rent increase is to be effective; and
(b) shall inform the landlord in writing of his or her intent to treat the notice as a notice of termination.
(5) Where a landlord has given a tenant notice of a rent increase and the tenant terminates the tenancy agreement, the landlord shall
(a) give a new tenant a copy of the notice before the parties agree to a tenancy agreement; and
(b) rent the rental premises at the rent stated in the notice.
(6) This section does not apply to subsidized public housing. SNWT 2008,c.9,s.24.
SECURITY OF TENURE
Restriction on termination of tenancy
48.(1) No person shall terminate a tenancy agreement except in accordance with this Act.
(2) No landlord shall regain possession of a rental premises unless
(a) the tenant has vacated or abandoned the rental premises; or
(b) an eviction order has authorized the regaining of possession.
Automatic renewal of tenancy
49.(1) Where a tenancy agreement ends on a specific date, the landlord and tenant are deemed to renew the tenancy agreement on that date as a monthly tenancy with the same rights and obligations as existed under the former tenancy agreement, subject to any rent increase that complies with section 47.
(2) Subsection (1) does not apply
(a) where the landlord and tenant have entered into a new tenancy agreement;
(b) where the tenancy has been terminated in accordance with this Act; or
(c) to rental premises provided by an employer to an employee as a benefit of employment.
(3) Repealed, SNWT 2008,c.9,s.25(2).
TERMINATION
Agreement to terminate
50.A landlord and tenant may agree in writing after a tenancy agreement has been made to terminate the tenancy on a specified date and the tenancy is terminated on the date specified.
Termination by tenant of fixed term agreement
51.(1) Where a tenancy agreement specifies a date for the termination of the tenancy agreement, the tenant may terminate the tenancy on the date specified in the agreement by giving the landlord a notice of termination not later than 30 days before the termination date.
(2) Where a tenancy agreement for a rental premises that is the landlord’s only residence in the Northwest Territories specifies a date for termination of the agreement, the landlord may terminate the tenancy on the date specified in the agreement by giving the tenant a notice of termination not later than 30 days before that date.
(3) Where a tenancy agreement for subsidized public housing specifies a date for termination of the agreement, the landlord may terminate the tenancy on the date specified in the agreement by giving the tenant a notice of termination not later than 30 days before that date.
(4) Notwithstanding subsection (3), where a tenancy agreement for subsidized public housing specifies a date for termination of the agreement that is 31 days or less after the commencement of the agreement, it terminates on the specified date.
(5) Where a tenancy agreement for subsidized public housing provides for a monthly tenancy, or is renewed as a monthly tenancy under subsection 49(1), a landlord may terminate the tenancy on the last day of a period of the tenancy by giving the tenant a notice of termination not later than 30 days before that day. SNWT 2008,c.9,s.26(2); SNWT 2015,c.8,s.5.
Termination by tenant of periodic tenancy agreement
52.(1) Where a tenancy agreement does not specify a date for the termination of the tenancy agreement, the tenant may terminate the tenancy on the last day of a period of the tenancy by giving the landlord a notice of termination,
(a) in the case of a weekly tenancy, not later than seven days before that day; or
(b) in the case of a monthly tenancy, not later than 30 days before that day.
(c) Repealed, SNWT 2008,c.9,s.27(1).
(2) Where a tenancy agreement for a rental premises that is the landlord’s only residence in the Northwest Territories does not specify a date for the termination of the tenancy agreement, the landlord may terminate the tenancy on the last day of a period of the tenancy, by giving the tenant a notice of termination not later than 90 days before that day. SNWT 2008,c.9,s.27.
Early termination by tenant
53.(1) Notwithstanding any other provision of this Act,
(a) where a tenant dies or the health and physical condition of the tenant deteriorates and the tenant is unable to pay the rent, or
(b) where a spouse of a tenant dies and the income of the surviving spouse is insufficient to pay the rent,
the tenant, his or her heirs, assigns or legal or personal representative may terminate the tenancy agreement by giving notice, in accordance with section 55.
(2) The notice referred to in subsection (1) must be accompanied, where applicable, by a medical certificate respecting the health of the tenant or the spouse of the tenant.
Notice of early termination by landlord
54.(1) Subject to subsection (2), a landlord may, at any time, give a tenant a notice of termination of at least 10 days, where
(a) the tenant has repeatedly and unreasonably disturbed the landlord’s or other tenant’s possession or enjoyment of
(b) the tenant, or a person permitted in or on the rental premises or residential complex by the tenant, has caused damage to the rental premises or the residential complex and the tenant has failed to comply with an order of a rental officer made under paragraphs 42(3)(a) to (e);
(c) Repealed, SNWT 2008,c.9,s.28(1).
(d) the tenant has not complied with an order of a rental officer to rectify a breach of an additional obligation to the tenancy agreement;
(e) the tenancy agreement has been frustrated;
(f) the safety of the landlord or other tenants of the residential complex has been seriously impaired by an act or omission of the tenant or a person permitted in or on the rental premises or residential complex by the tenant; or
(g) the tenant has repeatedly failed to pay the full amount of the rent or to pay the rent on the dates specified in the tenancy agreement.
(2) A notice of termination referred to in subsection (1) for rental premises on which a mobile home is situated must be of at least three months and a tenancy agreement in respect of such rental premises cannot be terminated in the months of December, January or February.
(3) A landlord may apply to a rental officer for an order to reduce the period of notice to terminate referred to in subsection (1) and a rental officer, where the rental officer considers it necessary, may issue such an order.
(4) A landlord who has given a notice of termination under subsection (1) shall make an application to a rental officer for an order to terminate the tenancy agreement and a rental officer may issue an order terminating the tenancy on the date specified in the order and ordering the tenant to vacate the premises on that date. SNWT 2008,c.9,s.28; SNWT 2019,c.21,s.9(3).
Early termination for family violence
54.1.(1) A tenant may apply to a rental officer for termination of a tenancy agreement on the grounds that family violence as defined in subsection 1(2) of the Protection Against Family Violence Act has occurred against the tenant, any child of the tenant or any child who is in the care of the tenant.
(2) A tenant shall include a copy of one of the following with an application under subsection (1):
(a) an emergency protection order made under subsection 4(1) of the Protection Against Family Violence Act in respect of the tenant, any child of the tenant or any child who is in the care of the tenant;
(b) a protection order made under subsection 7(1) of the Protection Against Family Violence Act in respect of the tenant, any child of the tenant or any child who is in the care of the tenant;
(c) a peace bond or other court order that contains a condition that the person alleged to have committed the family violence have no contact with the tenant, any child of the tenant or any child who is in the care of the tenant.
(3) An order referred to in subsection (2) must be in effect at the time the application is made.
(4) Neither the landlord nor the person alleged to have committed the family violence are parties to an application made under this section.
(5) If a rental officer is satisfied that the grounds for termination of the tenancy referred to in subsection (1) have been established, the rental officer may issue an order terminating the tenancy on any terms and conditions that he or she considers advisable in the circumstances.
(6) The tenant who made the application shall serve a copy of the order terminating the tenancy on the landlord within 30 days after the making of the order.
(7) A tenancy agreement that is the subject of an order under subsection (5) is terminated 30 days after the day on which a copy of the order is given to the landlord.
(8) The landlord and the rental officer shall ensure that any information received by them in relation to an application made under this section is kept confidential.
(9) A tenancy agreement terminated under this section is terminated for all tenants in the same rental premises, but one or more of the tenants and the landlord may enter into a new tenancy agreement.
(10) Paragraphs 78(a), (b) and (d) do not apply to an application made under this section. SNWT 2015,c.8,s.6.
Contents of tenant’s termination
55.(1) A notice of termination from a tenant to a landlord must
(a) be in writing;
(b) be signed by the tenant or an agent of the tenant;
(c) identify the rental premises to which the notice applies; and
(d) state the date on which the tenancy is to terminate.
(2) No landlord shall charge a tenant a fee for giving a notice of termination.
(3) A notice of termination from a landlord to a tenant must
(a) be in writing;
(b) be signed by the landlord or an agent of the landlord;
(c) identify the rental premises to which the notice applies;
(d) state the date on which the tenancy is to terminate; and
(e) state the reason for the termination of the tenancy.
Termination of tenancy where
56.(1) Notwithstanding any other provision of this Act, where
(a) a tenant who was provided by his or her employer with rental premises during the employment of the tenant as a benefit of employment has had his or her employment terminated, or
(b) a landlord has entered into a tenancy agreement in respect of a caretaker’s unit, unless otherwise agreed,
the tenancy of the tenant is terminated on the day on which the employment of the tenant is lawfully terminated.
(2) The tenant referred to in subsection (1) shall vacate the rental premises or caretaker’s unit not later than one week after his or her employment is lawfully terminated.
(3) Notwithstanding section 67, a landlord shall not charge or receive any rent or compensation from the tenant referred to in subsection (1) in respect of the period of one week referred to in subsection (2).
(4) Where, on application of a tenant, a rental officer determines that a landlord has charged or received rent or compensation from the tenant in respect of the one-week period referred to in subsection (2), the rental officer may make an order requiring the landlord to pay to the tenant any overpayment of rent or compensation. SNWT 2008,c.9,s.30; SNWT 2019,c.21,s.9(6).
Termination of tenancies of different
57.Where, on the application of a landlord, a rental officer determines that
(a) a tenant who, as a student or a staff member was provided with living accommodation that is not exempt from this Act by an educational institution, has ceased to meet the requirement for occupancy of the living accommodation,
(b) a tenant of subsidized public housing has ceased to meet the requirement for occupancy of the rental premises, or
(c) a landlord and a tenant who share a bathroom or kitchen facility have had personal differences that make the continuation of the tenancy unfair to either of them,
the rental officer may make an order terminating the tenancy on a date specified in the order and ordering the tenant to vacate the rental premises on that date.
Termination for landlord’s use or sale
58.(1) A landlord may apply to a rental officer to terminate a tenancy if the landlord
(a) requires possession of the rental premises for use as a residence by
(i) the landlord,
(ii) the spouse, child or parent of the landlord, or
(iii) a child or parent of the spouse of the landlord; or
(b) has entered into an agreement of sale of a rental premises, and
(i) is required by the agreement of sale to deliver vacant possession of the rental premises to the purchaser, and
(ii) the purchaser requires possession of the rental premises for use by
(A) the purchaser,
(B) the spouse, child or parent of the purchaser, or
(C) a child or parent of the spouse of the purchaser.
(1.1) A rental officer who determines that a landlord, in good faith, requires the rental premises for a reason referred to in subsection (1), may make an order
(a) terminating the tenancy,
(i) in the case of a periodic tenancy, on the last day of a period of the tenancy that is not earlier than 90 days after the application is made, or
(ii) in the case of a tenancy agreement that specifies a date for the termination of the tenancy agreement, on a day that is not earlier than the date specified; and
(b) ordering the tenant to vacate the rental premises on that date.
(2) Where a tenant receives a copy of an application under subsection (1), the tenant may, at any time before the date specified for termination in the application, terminate the tenancy by
(a) giving the landlord not less than five days notice of termination specifying an earlier date of termination of the tenancy; and
(b) paying to the landlord on the date the tenant gives notice of termination under paragraph (a) the proportionate amount of rent due up to the date the earlier termination is specified to be effective.
(3) Where, on the application of a tenant, a rental officer determines that the tenant has terminated the tenancy under subsection (2), the rental officer may make an order requiring the landlord to pay to the tenant any overpayment of rent paid by the tenant. SNWT 2008,c.9,s.31.
Termination for demolition, change of use
59.(1) A landlord may apply to a rental officer to terminate a tenancy if the landlord
(a) requires possession of the rental premises for the purposes of
(i) demolition,
(ii) changing the use of the rental premises to a use other than that of rental premises, or
(iii) making repairs or renovations so extensive as to require a building permit and vacant possession of the rental premises; and
(b) has obtained all necessary permits or other authorizations that may be required.
(1.1) A rental officer who determines that a landlord, in good faith, requires the rental premises for a reason referred to in subsection (1), may make an order
(a) terminating the tenancy,
(i) in the case of a periodic tenancy, on the last day of a period of the tenancy that is not earlier than 90 days after the application is made, or
(ii) in the case of a tenancy agreement that specifies a date for the termination of the tenancy agreement, on a day that is not earlier than the date specified; and
(b) ordering the tenant to vacate the rental premises on that date.
(1.2) Notwithstanding subsection (1.1), if the rental officer determines that the landlord requires the rental premises for a reason relating to the safety of the tenant or the public, or to satisfy a standard or requirement imposed by law, the rental officer may terminate the tenancy on an earlier date.
(2) Where a tenant receives a copy of an application under subsection (1), the tenant may at any time before the date specified for termination in the application, terminate the tenancy in accordance with subsection 58(2).
(3) Where, on the application of a tenant, a rental officer determines that the tenant has terminated the tenancy under subsection (2), the rental officer may make an order requiring the landlord to pay to the tenant any overpayment of rent paid by the tenant.
(4) Where
(a) a tenant has received a copy of an application for termination for the reason stated in subparagraph (1)(a)(iii), and
(b) has indicated in writing to the landlord, before vacating the rental premises, that the tenant wishes to have a right of first refusal to rent the premises as a tenant when the repairs or renovations are completed,
the tenant shall have the right of first refusal to rent the premises, at the lowest rent that would be charged to any other tenant for the same premises, provided that the tenant informs the landlord of the address of the tenant.
(5) Where, on the application of a former tenant, a rental officer determines that the landlord has deprived the tenant of the benefit of subsection (4), the rental officer may make an order requiring the landlord to compensate the tenant for the loss of the benefit. SNWT 2008,c.9,s.32.
Remedy for improper termination
60.(1) Where, on the application of a former tenant, a rental officer determines that the tenant vacated the rental premises as a result of an application to terminate under section 58 or 59 and that the landlord or, in the case of an application under paragraph 58(1)(b), the purchaser, did not in good faith require the rental premises for the purpose specified in the application to terminate, the rental officer may make an order requiring the landlord or the purchaser
(a) to pay the reasonable moving expenses of the tenant to his or her new accommodation; or
(b) to compensate the tenant for any additional reasonable expenses incurred by the tenant, including, for a period of up to 12 months, any increased rent that the tenant was obliged to pay as a result of the improper termination.
(2) Unless proven otherwise, it shall be presumed that
(a) a landlord, in the case of an application to terminate under paragraph 58(1)(a), or
(b) a purchaser, in the case of an application to terminate under subparagraph 58(1)(b)(ii),
did not in good faith require the rental premises for the purpose specified in the application to terminate unless the rental premises are used in accordance with the purpose specified in the application within 90 days after the date specified for termination in the application.
(3) Where, on the application of a former tenant, a rental officer determines that the tenant elected to treat a notice of rent increase under section 47 as a notice of termination of the tenancy and further determines that the landlord did not in good faith intend to increase the rent, the rental officer may make an order requiring the landlord
(a) to pay the reasonable moving expenses of the tenant to his or her new accommodation; or
(b) to compensate the tenant for any additional reasonable expenses incurred by the tenant, including, for a period not exceeding 12 months, any increased rent that the tenant has been required to pay as a result of the improper termination.
Application of government authority
61.(1) Where an order of a territorial, federal or municipal authority who is not a landlord requires a rental premises to be vacated, the territorial, federal or municipal authority may apply to a rental officer for an order to terminate the tenancy.
(2) A rental officer may issue an order terminating a tenancy on a reasonable date and order the tenant to vacate the rental premises on that date, on the application of a territorial, federal or municipal authority made under subsection (1) if the rental officer determines that the rental premises must be vacated in order to comply with an order of the territorial, federal or municipal authority.
Abandonment
62.(1) Where a tenant abandons a rental premises, the tenancy agreement is terminated on the date the rental premises were abandoned but the tenant remains liable, subject to section 5, to compensate the landlord for loss of future rent that would have been payable under the tenancy agreement.
(2) Where, on the application of a landlord, a rental officer determines that a tenant has abandoned a rental premises, the rental officer may make an order requiring the tenant to pay to the landlord the compensation for which the tenant is liable by reason of subsection (1). SNWT 2008,c.9,s.33.
Termination for failure to comply with mediated agreement
62.1.On application of a landlord or tenant, a rental officer may make an order terminating a tenancy agreement on a date specified in the order and ordering the tenant to vacate the rental premises on that date, if the rental officer determines that
(a) the landlord or tenant has not complied with the terms and conditions of a mediated agreement or an order expressing the terms of a mediated agreement;
(b) the agreement or order contains terms and conditions that, if not met by the landlord or tenant, would give rise to grounds for terminating the tenancy; and
(c) the agreement or order provides that the landlord or tenant may apply under this section for termination of the tenancy agreement in default of compliance with the terms and conditions.
Eviction
Application for eviction
63.(1) A landlord may make an application to a rental officer for an order evicting a tenant from rental premises, except rental premises on land in respect of which the tenant has an interest in land under the Land Titles Act.
(2) An application may be made under subsection (1)
(a) with an application to terminate a tenancy;
(b) after a rental officer makes an order terminating a tenancy; or
(c) after a tenancy has been otherwise terminated in accordance with this Act.
(3) An application under subsection (1) must be in the approved form.
(4) A rental officer who terminates a tenancy or determines that a tenancy has been terminated in accordance with this Act, and who determines that an eviction is justified, may make an order
(a) evicting the tenant on the date specified for the termination of the tenancy in the agreement, notice or order, or on the earliest reasonable date after the date of termination of the tenancy; and
(b) requiring the tenant to compensate the landlord for the use and occupation of the rental premises, calculated for each day the tenant remains in occupation following the termination of the tenancy.
(5) If a tenancy agreement for subsidized public housing is terminated under subsection 51(3) or (5) but a rental officer denies an application to evict the tenant as unjustified, the denial of the application operates to reinstate the tenancy agreement as a monthly tenancy.
(6) For greater certainty, a corporation as defined in subsection 1(1) of the Condominium Act may apply to a rental officer for an order terminating a tenancy between a condominium owner and a tenant and evicting a tenant from rental premises in the circumstances set out in subsection 19.5(1) of that Act.
(7) Both the landlord and the tenant are parties to an application made under subsection (6). SNWT 2008,c.9,s.35; SNWT 2015,c.8,s.8.
Eviction where interest in land
63.1.(1) A landlord may make an application to the Supreme Court for an order evicting a tenant from rental premises on land in respect of which the tenant has an interest in land under the Land Titles Act.
(2) Where, on the application of a landlord under subsection (1), a judge of the Supreme Court determines that a tenancy has been terminated in accordance with this Act, the judge may make an order
(a) evicting the tenant on the date specified for the termination of the tenancy in the agreement, notice or order, or on the earliest reasonable date after the date of the termination of the tenancy; and
(b) requiring the tenant to compensate the landlord for the use and occupation of the rental premises, calculated for each day the tenant remains in occupation following the termination of the tenancy.
GENERAL
Abandoned Personal Property
Abandoned personal property
64.(1) Unless a landlord and tenant have made a specific agreement providing for the storage of personal property, where a tenant leaves personal property in a rental premises or residential complex that the tenant has vacated or abandoned, the landlord may remove the personal property and, on removal, shall store and dispose of the personal property in accordance with this section.
(2) Where a landlord has good reason to believe that an item of personal property removed under subsection (1)
(a) would be unsanitary or unsafe to store, or
(b) is worthless,
the landlord may dispose of the item.
(3) Where a landlord removes personal property, other than property described in subsection (2), the landlord shall, at the earliest reasonable opportunity, give a rental officer an inventory of the property in an approved form and, where the address of the tenant is known to the landlord, the landlord shall give the tenant a copy of the inventory.
(4) Where, after receiving the inventory, the rental officer determines that an item of personal property in the inventory could not be sold for an amount greater than the reasonable cost of removing, storing and selling it in accordance with this section or section 65, the rental officer may permit the landlord to sell or dispose of the item in the manner and subject to the terms and conditions that the rental officer may set.
(5) Property that has not been disposed of or sold under subsection (2) or (4) must, subject to the direction of a rental officer, be stored in a safe place and manner for a period of not less than 60 days.
(6) Where the tenant or owner of an item of personal property stored by the landlord pays the landlord the cost of removing and storing the item, the landlord shall give the item to the tenant or owner and notify the rental officer. SNWT 2019,c.21, s.9(3),(7).
Sale of unclaimed property
65.(1) Where no person has taken possession of an item of personal property stored under subsection 64(5) during the 60 days referred to in that subsection, the rental officer may permit the landlord to sell or dispose of the item in the manner and subject to the terms and conditions set by the rental officer.
(2) Where a landlord sells an item of personal property under subsection (1) or 64(4), the landlord may, subject to the terms and conditions set by the rental officer under those subsections,
(a) retain that part of the proceeds of the sale necessary to reimburse the landlord for the reasonable costs of removing, storing and selling the property; and
(b) retain that part of the proceeds of the sale necessary to satisfy any order for compensation made in favour of the landlord by a rental officer or a judge of the Supreme Court or territorial judge, where the order was made under this Act.
(3) The landlord shall pay the balance of the proceeds of the sale to the rental officer, who shall hold the balance for one year for the tenant who left the personal property in the rental premises or residential complex.
(4) Where a landlord sells an item of personal property under subsection (1) or 64(4), the landlord shall give to the rental officer a written report in an approved form regarding the sale and the distribution of the proceeds of the sale.
(5) Where the rental officer does not receive a claim in respect of the balance within the one-year period referred to in subsection (3), the amount not claimed is forfeited to the Government of the Northwest Territories.
(6) A purchaser in good faith of an item of personal property of a tenant sold in accordance with subsection (1) or 64(4) has good title to the property, free and clear of any other interest.
(7) A landlord who substantially complies with this section or section 64 is not liable to the tenant or any other person for loss suffered by the tenant or other person as a result of the storage, sale or other disposition by the landlord of the abandoned personal property. SNWT 2019,c.21,s.9(3).
Remedies for wrongful sale
66.Where, on the application of a person claiming to be the owner of an item of personal property, a rental officer determines that the landlord has wrongfully sold, disposed of or otherwise dealt with an item of personal property, the rental officer may make an order
(a) requiring the landlord to compensate the owner for the wrongful sale, disposition or dealing; or
(b) requiring the landlord to give the property to the owner.
Overholding Tenants
Rent due
67.(1) A landlord is entitled to compensation for a former tenant’s use and occupation of the rental premises after the tenancy has been terminated.
(2) The acceptance by a landlord of arrears of rent or compensation for use or occupation of the rental premises, after notice of termination of tenancy has been given, does not operate as a waiver of the notice or as reinstatement of the tenancy or as the creation of a new tenancy unless the parties so agree.
(3) The burden of proof that a notice of termination has been waived or the tenancy has been reinstated or a new tenancy created is on the person so claiming.
(4) Where, on application of a landlord, a rental officer determines that a landlord is entitled to compensation for the use and occupation of the rental premises after the tenancy has been terminated, the rental officer may order a former tenant to pay the landlord the compensation specified in the order.
Applications
Application to rental officer
68.(1) An application by a landlord or a tenant to a rental officer must be made within six months after the breach of an obligation under this Act or the tenancy agreement or the situation referred to in the application arose.
(2) At a hearing of an application to terminate a tenancy or to evict a tenant, a rental officer may permit a tenant to raise any issue that could be the subject of an application under this Act, and the rental officer may, if he or she considers it appropriate in the circumstances, make an order on that issue.
(3) A rental officer may extend the time for the making of an application to the rental officer, whether or not the time for making the application to a rental officer has expired, where the rental officer is of the opinion that it would not be unfair to do so. SNWT 2008,c.9,s.36.
Application to judge of Supreme Court or territorial judge
69.Notwithstanding any other provision of this Act, where this Act provides that an application is to be made to a rental officer, the application may be made, within the time limit set out in subsection 68(1), to a judge of the Supreme Court or territorial judge only where the landlord and tenant agree to apply to a judge of the Supreme Court or territorial judge.
Summary application to judge of Supreme Court or territorial judge
70.(1) A landlord or a tenant making an application to a judge of the Supreme Court or territorial judge for an order under this Act must file the application, within the time limit set out in subsection 68(1) with the Clerk of the Supreme Court or Territorial Court, as the case may be, and serve a copy of the filed application on the other party at least five business days before the day named in the application for the hearing.
(2) An application referred to in subsection (1) must be supported by an affidavit of the applicant setting out the relevant facts.
(3) A judge of the Supreme Court or territorial judge may extend the time for the making of an application to the judge or territorial judge, whether or not the time for making the application to a judge of the Supreme Court or territorial judge has expired, where the judge or territorial judge is of the opinion that it would not be unfair to do so.
(4) On hearing the application, a judge of the Supreme Court or territorial judge may grant the relief requested or dismiss the application in whole or in part. SNWT 2019,c.21,s.9(9).
Service
Methods of service or notice
71.(1) A notice or other document to be served on or given to a landlord, tenant or rental officer, must be served or given by
(a) personal service;
(b) registered mail;
(c) fax, if a fax number is provided; or
(d) a method set out in the regulations.
(2) A landlord’s address for the purposes of paragraph (1)(b) is deemed to be the landlord’s address as provided in the tenancy agreement, or the address provided under subsection 36(1) for giving notices.
(3) A tenant’s address for the purposes of paragraph (1)(b) is deemed to be
(a) the current address of the tenant, if known to the landlord or rental officer; or
(b) the mailing address for the rental premises.
(4) A rental officer’s address for the purposes of paragraph (1)(b) is the address of the office of the rental officer.
(5) A notice or other document served or given by registered mail is deemed to have been served on the seventh day after mailing.
(6) Notwithstanding subsection (5), a notice or other document given by registered mail under subsection 11(1), 15(5), 17.1(5), 18(3), 18(7) or 18(9) is deemed to have been given on the day that it was mailed.
(7) Where a landlord or tenant is absent or evading service and the address for service is a residence, personal service of a notice or other document may be effected by serving it on any adult who apparently resides with the person being served.
(8) A rental officer who is of the opinion that it would not be unfair to do so may, whether or not the time for service has expired, extend the time for service of a notice or other document. SNWT 2008,c.9,s.37.
RENTAL OFFICERS
Appointment
Appointment of Chief Rental Officer
72.(1) The Minister shall appoint a Chief Rental Officer for the Northwest Territories.
(1.1) The Minister may appoint one or more additional rental officers for the Northwest Territories.
(2) When selecting a person for appointment as the Chief Rental Officer under subsection (1) or as a rental officer under subsection (1.1), the Minister shall ensure that
(a) the person has experience and an interest in residential tenancy issues; and
(b) the person
(i) has been a member, of at least five years good standing, of a law society of a territory or province,
(ii) has at least five years experience as a member of an administrative tribunal or a court, or
(iii) has other qualifications that can reasonably be considered to be equivalent to those described in subparagraph (i) or (ii).
SNWT 2008,c.9,s.38; SNWT 2015,c.8,s.9; SNWT 2019,c.21,s.9(11),(12).
Duties and Powers
Duty
73.A rental officer shall encourage landlords and tenants to attempt to resolve their dispute themselves.
Powers
74.(1) A rental officer may
(a) provide information to landlords and tenants respecting tenancy matters;
(b) receive and investigate complaints and mediate disputes between landlords and tenants;
(c) investigate allegations of contraventions of this Act or the regulations;
(d) issue notices and orders as authorized by this Act;
(e) enter rental premises at any reasonable time, after giving reasonable notice, for the purpose of discharging his or her duties under this Act or the regulations; and
(f) hold hearings, give notice of hearings to the parties, and determine matters of procedure at hearings.
(2) Repealed, SNWT 2008,c.9,s.39.
(3) A rental officer, for the purpose of a hearing before the rental officer, has the powers of a Board under the Public Inquiries Act, with such modifications as the circumstances require.
Limitation of liability
74.1.A rental officer is not liable for anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties under this Act. SNWT 2008,c.9,s.40.
Powers of Chief Rental
74.2.For greater certainty, the Chief Rental Officer
(a) may exercise any of the powers or perform any of the duties of a rental officer; and
(b) has all of the protections provided to a rental officer. SNWT 2019,c.21,s.9(13).
Report
74.3.(1) The Chief Rental Officer shall, within four months after the end of each fiscal year, make a report to the Minister on the activities of the Chief Rental Officer and any other rental officers for that fiscal year.
(2) The Minister shall lay a copy of the report referred to in subsection (1) before the Legislative Assembly at the earliest opportunity after receiving the report. SNWT 2019,c.21,s.9(13).
Expediency
75.A rental officer shall adopt the most expeditious method of determining the questions arising in any proceedings and ensure that the rules of natural justice are followed.
Filing and service of application
76.(1) A landlord or tenant making an application to a rental officer under this Act shall
(a) file the application with the rental officer; and
(b) serve a copy of the filed application on the other party
(i) at least five business days before the day set for any hearing, or within a different period specified by the rental officer, or
(ii) if no day is set for a hearing, within a period specified by the rental officer.
(2) A rental officer shall review an application made under subsection (1) and may do any one or more of the following:
(a) conduct any inquiry or inspection that the rental officer considers necessary;
(b) question any person, by telephone or otherwise, concerning the application;
(c) mediate between a landlord and a tenant to assist them to settle the matter by agreement;
(d) hold a hearing into the matter;
(e) make an order dismissing the application where the rental officer is satisfied that the matter is trivial, frivolous or vexatious, or the application has not been made in good faith.
(3) The rental officer may conduct a hearing by a method of telecommunication if the rental officer considers it to be appropriate in the circumstances.
(4) An applicant may withdraw an application at any time before an order or decision is made. SNWT 2008,c.9,s.41; SNWT 2019,c.21,s.9(14).
No dis- qualification
77.A rental officer is not disqualified from holding a hearing and determining a matter by reason only of the fact that the rental officer
(a) took part in an inquiry or inspection or questioned any person in respect of the matter; or
(b) mediated between the landlord and the tenant in respect of the matter.
Hearing issues together or separately
78.Where a rental officer is of the opinion that it would be appropriate to do so, the rental officer may
(a) hear and determine the issues raised by more than one application at a common hearing;
(b) conduct a common mediation proceeding in respect of more than one application;
(c) hear and determine the issues raised by an application at separate hearings; or
(d) deal with some issues raised by an application through mediation and hear and determine others at a hearing.
Examination of materials
79.All parties to a proceeding under this Act may examine all material filed with a rental officer relevant to the proceeding.
Mediated agreements
79.1.(1) Where a rental officer has mediated between a landlord and tenant who have been able to settle a matter by agreement, the rental officer may express the terms of the agreement in an order.
(2) An order made under subsection (1)
(a) may only contain the terms of the agreement that may be expressed as orders that a rental officer has the authority to make under other provisions of this Act; and
(b) may include the terms and conditions that the rental officer considers appropriate in the circumstances.
Power of rental officer to question parties
80.(1) At a hearing, a rental officer may question the parties who are in attendance at the hearing and any witnesses, with a view to determining the truth concerning the matters in dispute.
(2) A rental officer may, on serving notice of a hearing on the parties, proceed with the hearing and make any order authorized by this Act without further notice to a party who does not attend at the time and place, or in the manner, indicated in the notice. SNWT 2008,c.9,s.43.
Repealed, SNWT 2008,c.9,s.44.
Decision
82.In making a decision, a rental officer may consider any relevant information obtained by the rental officer in addition to the evidence given at the hearing, provided that the rental officer first informs the parties of the additional information and gives them an opportunity to explain or refute it.
Orders
Order of rental officer
83.(1) After holding a hearing, a rental officer may make any order or decision that has been applied for, or that could have been applied for, that he or she considers justified in the circumstances.
(2) A rental officer may include in any order or decision the terms and conditions that the rental officer considers appropriate in the circumstances. SNWT 2008,c.9,s.45.
Deducting compensation from rent
84.(1) Where a rental officer makes an order requiring a landlord to compensate a tenant, the rental officer may make an order that the tenant recover the compensation by deducting a specified sum from his or her rent for a specified number of rent payment periods.
(2) Where a rental officer makes an order requiring a tenant to compensate a landlord, the rental officer may make an order permitting the tenant to pay the compensation by paying a specified sum together with his or her rent for a specified number of rent payment periods.
(3) A rental officer may, on the application of the landlord or the tenant, rescind an order made under subsection (1) or (2), and may order that any compensation still owing be paid in a lump sum.
Reasons
84.1.(1) A rental officer shall give reasons for any order or decision that he or she makes, either orally if on the record, or in writing.
(2) A rental officer shall serve a copy of any order or decision that he or she makes, and the written reasons, if any, on the landlord and tenant affected.
(3) A rental officer may publish all or part of any order, decision or reasons he or she has made or given.
(4) A rental officer may, upon request, provide a transcript or recording of all or part of a proceeding. SNWT 2019,c.21,s.9(15).
Correction or Clarification of Orders
Correction of order
84.2.(1) Subject to subsection (2), a rental officer may, with or without a hearing, make any one or more of the following amendments to any order or decision that he or she makes:
(a) correct typographical, grammatical, arithmetic or other similar errors in the order or decision;
(b) clarify the order or decision;
(c) deal with inadvertent omissions in the order or decision.
(2) A rental officer may take the steps described in subsection (1)
(a) on the rental officer’s own initiative; or
(b) at the request of a party, which in respect of paragraph (1)(b) or (c) must be made within 14 days after the party is served with a copy of the order or decision.
(3) A request under paragraph (2)(b) must be made to the rental officer.
(4) A request under paragraph (2)(b) may be made without notice to the other party, but the rental officer may order that the other party be given notice.
(5) A rental officer must not act under this section unless the rental officer considers it justified in the circumstances. SNWT 2017,c.21,s.3.
Enforcement of Order
Authority of order
85.An order or a decision of a rental officer is binding on the parties.
Filing of order
86.(1) A landlord or tenant may file an order or a decision of a rental officer with the Clerk of the Supreme Court, if the time for appeal fixed in subsection 87(1) has expired and no appeal has been made.
(1.1) An order or a decision filed under subsection (1) must be filed in accordance with the regulations.
(2) An order or a decision filed under subsection (1) is deemed to be an order or a decision of the Supreme Court, and may be enforced in the same manner as a judgment of the Supreme Court.
(3) An order or a decision of a rental officer, except an order evicting a tenant from rental premises, expires three years after the day on which the order or decision takes effect, if the order or decision is not filed within those three years with the Clerk of the Supreme Court. SNWT 2015,c.8,s.10; SNWT 2017, c.21,s.4.
Writ of possession
86.1.(1) A landlord who files an eviction order under subsection 86(1) is entitled, without further order, to a writ of possession if the order being filed is accompanied by
(a) an affidavit of service of the eviction order on the tenant; and
(b) an affidavit stating that the eviction order has not been obeyed.
(2) An order of a rental officer evicting a tenant from rental premises expires six months after the day on which the order takes effect, if the order is not filed within those six months with the Clerk of the Supreme Court. SNWT 2015,c.8,s.10.
Powers of sheriff
86.2.(1) The Sheriff, on receiving a writ of possession, shall put the landlord in possession of the rental premises, and for that purpose the Sheriff and the deputies and officers of the Sheriff may, after reasonable demand for admission, force open the door of the rental premises.
(2) The Sheriff, a deputy sheriff or an officer of the Sheriff is not liable for anything done or not done by him or her in good faith in the exercise of his or her powers or in the performance of his or her duties under this Act. SNWT 2008,c.9,s.48; SNWT 2012, c.18,s.17(2).
Appeal
Appeal to judge of Supreme Court
87.(1) A landlord or tenant affected by an order of a rental officer may, within 14 days after being served with a copy of the order, appeal the order by originating notice to a judge of the Supreme Court.
(2) A notice of the appeal and a copy of the notice of appeal must be served
(a) where the appellant is a landlord, to the rental officer and the tenant, and
(b) where the appellant is a tenant, to the rental officer and the landlord,
not later than seven days before the appeal.
(3) A judge of the Supreme Court may, before or after the expiration of the time for appeal, extend the time within which the appeal may be made.
(4) On receiving a notice of an appeal, the rental officer shall file with the Supreme Court all documents in the possession of the rental officer relating to the appeal.
(5) A judge of the Supreme Court hearing an appeal may receive any evidence, oral or written, that is relevant to support or repudiate any allegation contained in the appeal. SNWT 2008,c.9,s.49; SNWT 2019,c.21,s.9(16).
Stay of order
88.A judge of the Supreme Court may order that an order of a rental officer on appeal under section 87 be stayed on such terms as he or she considers appropriate. SNWT 2008,c.9,s.50; SNWT 2019, c.21,s.9(3).
Decision on appeal
89.After hearing the appeal, a judge of the Supreme Court may allow the appeal and vary or set aside the order or dismiss the appeal.
Further appeal
90.A landlord or a tenant may appeal a decision of a judge of the Supreme Court made under this Act in the same manner as a decision of the Supreme Court.
OFFENCE AND PUNISHMENT
Offences
91.(1) Every person who
(b) knowingly fails to obey an order of a rental officer,
(c) harasses a tenant for the purpose of forcing the tenant to vacate or abandon a rental premises,
(d) fails to comply with any reasonable requirement or direction of a rental officer in the exercise of the powers and the performance of duties of the rental officer under this Act,
(e) obstructs or hinders a rental officer in the exercise of the powers or the performance of the duties of the rental officer, or
(f) provides false information in any sworn statement to a rental officer under this Act or in any proceedings before a rental officer,
and every director or officer of a corporation who knowingly concurs in the prohibited act is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000.
(2) Where a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed on the corporation is $25,000. SNWT 2008,c.9,s.51; SNWT 2015,c.8,s.11.
REGULATIONS
Regulations
92.The Commissioner, on the recommendation of the Minister, may make regulations
(a) setting out the form of a tenancy agreement;
(b) respecting inspections of the condition and contents of rental premises;
(c) respecting entry inspection reports and exit inspection reports;
(d) respecting the rate of interest that a landlord must credit to a tenant in respect of a security deposit or pet security deposit;
(e) respecting the calculation of a penalty for late payment of rent by a tenant;
(f) respecting methods of giving or serving notices or other documents, including methods of substitutional service;
(g) respecting the contents of applications, certificates, notices, orders, reports or other forms or documents used for the purposes of this Act;
(h) respecting the procedures to be followed for applications, mediation proceedings and hearings under this Act;
(i) respecting fees that may be charged for applications made and services provided under this Act;
(j) respecting the filing of orders and decisions of rental officers with the Clerk of the Supreme Court; and
(k) respecting any other matter or thing that the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.
SNWT 2008,c.9,s.52; SNWT 2015,c.8,s.12; SNWT 2017,c.21,s.5; SNWT 2019, c.21,s.9(17).
SCHEDULE
Repealed, SNWT 2008,c.9,s.53.