Rental Office

A Source of Information for Landlords and Tenants

The Rental Office is an important source of information for both landlords and tenants. Many tenants and a surprising number of landlords are unaware of the law that governs their relationship. The provision of information is probably the single most important function of the office, eliminating conflict and problems before they start.

The Rental Office also provides written information. Like the day-to-day inquiries, the written material helps to solve problems before they start.

From time to time, the Rental Office is called upon to make presentations to groups of tenants, property managers or others involved in residential tenancy matters. We provide these services free of charge in the belief that informed and knowledgeable landlords and tenants are more likely to respect the rights and obligations of each other and less likely to end up in a conflict situation.


Tenancy Agreements

What is a tenancy agreement?
A tenancy agreements is an agreement between a landlord and tenant for the right to occupy rental premises. (Section 1)

Does a tenancy agreement have to be in writing?
No. A tenancy agreement may also be verbal or implied. (Section 9)

Is there a standard form to be used as a tenancy agreement?
There is no required form for a tenancy agreement, however there are blank tenancy agreements available through the rental office.

Can a tenancy agreement contain clauses that are unreasonable?
A tenancy agreement is deemed to include the provisions of the Residential Tenancies Act. Any provision of the tenancy agreement that is inconsistent with the Act is of no effect or void. (Section 10[1])

Can a landlord make “house rules” that are not part of a tenancy agreement?
Yes, however the rules must be reasonable in all circumstances, be in writing and be made known to the tenant. (Section 12[3])

When a tenancy agreement is signed, does the tenant receive a copy?
Yes. The landlord is required to provide a copy of the signed tenancy agreement to the tenant within sixty days of it being signed. (Section 11[1])

Are there different kinds of tenancy agreements?
There are two basic types of tenancy agreements. A fixed term tenancy agreement indicates on what date the tenancy will be concluded. A variable term tenancy agreement does not indicate on which date it concludes, but rather, is for a repeated time period, i.e. month to month, week to week.


Security Deposit

What is a security deposit?
A security deposit is money given to a landlord by a tenant. The money is held by the landlord until the end of the tenancy at which time the security deposit may be used for rental arrears or tenant damages.

How much money can a landlord request as a security deposit?
In the case other than a weekly tenancy, the security deposit may not be greater than the amount equal to one (1) months rent. (Section 14[1])


How much can a landlord charge as a security deposit for a subsidized public housing unit?
A landlord of subsidized housing may require a security deposit that is equal to one (1) months rent calculated on the market value rent of the rental premises. (Section 14[5])

Must the landlord pay interest on a security deposit held by the landlord?
Yes. Interest is calculated annually in an amount prescribed each year by the Residential Tenancies Act. (Section16[1])

Is a report of the condition of the rental premises required to be completed?
If a security deposit is requested by a landlord, a written condition report must be completed by a landlord and tenant which sets out the condition and contents of the rental premises. (Section 15[1])

Can a landlord use a security deposit at any time during the tenancy agreement?
No. The security deposit must be held in a Trust account separate from the landlord’s own funds and can only be used at the termination of a tenancy agreement. (Section 17[1] and [3])

How soon after a tenancy agreement ends or is terminated must a landlord return the tenant’s security deposit?
A landlord must within ten (10) days after the termination of a tenancy return a security deposit and interest together with an itemized statement of account for the security deposit. (Section 18[1])

May a landlord retain all or part of a security deposit after the termination of a tenancy?
Yes. A landlord may retain all or part of the security deposit on the grounds that the tenant caused damage to the rental premises and/or the tenant is in arrears of the rent. In this case, the landlord must within ten (10) days give the tenant and the rental office notice of the landlord’s intention to withhold some portion of the security deposit together with an itemized account. The tenant may make an Application to a Rental Officer if any portion of the security deposit is not returned. (Section 18[3])


Assignment and Subletting

What is meant by assignment and subletting
Assignment: where a tenant has occupied a rental premises for at least six (6) months or has a tenancy agreement for a period over six (6) months, the tenant transfers his or her right to occupy the rental premises to another person and gives up all of his or her interest in the rental premises with no intention of returning to the rental premises.
Subletting: where a tenant gives the right to occupy the rental premises to another person for a period of time ending on a specific date. The tenant must intend to resume and actually does resume occupancy on that date. (Section 22[1])

Does a tenant require the landlord’s consent to assign or sublet a rental premises?
Yes. An assignment or subletting is not valid unless the landlord has given written consent. Such consent cannot be unreasonably withheld. (Section 22[2])

What can a tenant do if a landlord does not consent to an assignment or subletting?
Where a landlord unreasonably withholds consent, a tenant may request an Order from a Rental Officer permitting the subletting without the landlord’s written consent. (Section 22[3])


Landlord's Right to Enter

Can a landlord change the locks on a rental premises during the tenancy?
No landlord or tenant may, during occupancy of a rental premises by a tenant, alter or cause to be altered the locking system on any door giving entry to the rental premises except by mutual consent. (Section 25 [1])

When may a landlord enter a tenant’s rental premises?
A landlord may enter rental premises:

  1. to perform the landlord’s obligations
  2. to inspect the rental premises every six (6) months or when a tenant has requested to assign or sublet the rental premises
  3. to show the rental premises to perspective tenants or purchasers if the tenant has given notice to terminate
  4. to inspect the rental premises on the last day of tenancy. (Section 26[2])

Must a landlord give notice to enter a rental premises?
For a landlord to enter a rental premises for any of the reasons mention in Question 2, the landlord is required to give twenty four (24) hours written notice prior to entering the rental premises. The notice must include the reasons for the entry and the days and hours the landlord intends to enter. (Section 26[3])

Can a landlord enter any time of the day or night?
For the reasons stated in Question 2, the landlord may enter the rental premises between the hours of 8:00 am and 8:00 pm. (Section 26[4])

Is there any reason which would allow a landlord to enter a rental premises without notice?
Yes;

  1. If an emergency exists
  2. If the tenant consents at the time of entry
  3. If the landlord has reasonable grounds to believe that the tenant has abandoned the rental premises. (Section 27[1])

Rental Premises State of Repair

Must a landlord make repairs to a rental premises?
Yes. A landlord must provide and maintain the rental premises and all services and facilities whether or not included in a written tenancy agreement in a good state of repair and fit for habitation. (Section 31[1](a))

What about health and safety standards?
A landlord must insure that the rental premises comply with all health, safety, and maintenance and occupancy standards required by law. (Section 31[1](b))

Does it make any difference if something in the rental premises was broken before the tenant moved in?
No. The landlord is still responsible for the repair of any broken or damaged item. (Section 30[3])

Must a tenant notify the landlord of damage to the rental premises?
A tenant is obligated to inform the landlord of any substantial breach in the obligations imposed on the landlord regarding health, safety, and maintenance and occupancy standards. (Section 30[5])

How long does a landlord have to make such repairs?
The landlord must remedy the problem within ten (10) days. (Section 30[6])

Can a landlord and tenant agree that the tenant is to make all basic repairs?
If the residential complex is comprised of only one rental premise, the landlord and tenant may agree that the tenant complete all basic repairs. (Section 31[1])

What can a tenant do if after ten days the landlord has failed to make the required repairs?
The tenant may make an application to a Rental Officer seeking to pay rent to the Rental Officer until such time as the landlord makes the repairs. An Order may also be obtained from the Rental Officer Ordering the landlord to complete the repairs. (Section 31[1])


Utilities

What is meant by “vital services”?
Vital services include heat, fuel, electricity, gas, hot and cold water and any other public utility. (Section 33[1])

Can a landlord withhold or stop vital services to a rental premises?
Until the date a tenant abandons or vacates a rental premises the landlord may under no circumstances withhold or cause to be withheld any reasonable supply of a vital service. (Section 33[2])


Quiet Enjoyment

Is a landlord prohibited from disturbing a tenant?
No landlord shall disturb a tenant’s possession or enjoyment of a rental premises or rental complex. (Section 34[1])

What can be done if a tenant is disturbing another tenant of a residential complex?
The first step is to notify the landlord in writing of the disturbance. The landlord is obligated to investigate and if necessary make an application to a Rental Officer. (Section 44[1])

If the landlord does not remedy the situation, what course of action is open to the tenant being disturbed?
Where a complaining tenant is not satisfied with the action if any that the landlord has taken, the complaining tenant may give a written notice to that effect to the landlord and the Rental Officer. (Section 44[2]). Where a Rental Officer receives such a notice, the Rental Officer shall inquire into the matter and where the Rental Officer is of the opinion there are grounds to do so, the Rental Officer shall attempt to resolve the complaint. If the complaint cannot be resolved, the Rental Officer may Order a Hearing held to remedy the complaint. (Section 44[3] and [4])


Rental Increases

How often may a landlord raise the rent?
A landlord can raise the rent after twelve (12) months from the previous rent increase. The twelve (12) month period does not start from when a tenant moves in but from the last increase for that rental unit. (Section 47[1])

How long before the increase must a landlord give notice to the tenant of the increase?
A landlord must give at least three (3) months written notice of any rental increase. (Section 47[2])

By how much can the landlord increase the rent?
In the Northwest Territories, there is no limit as to the amount a landlord can increase the rent. If the increase is such that the tenant is unable to pay, the tenant may treat the notice of rental increase as a notice of termination effective on the day after the increase is to come into effect. (Section 47[4])

What happens if the landlord cannot rent the unit at the increased rate?
If the landlord cannot find a tenant to pay the increased rent, the tenant may claim the right of first refusal at a lower rental rate. The tenant must advise the landlord in writing prior to the end of the tenancy of the tenant’s desire to have the right of first refusal.


Security of Tenure

What is meant by security of tenure?
It means that a landlord may not regain possession of a rental unit until the tenant has vacated or abandoned the rental unit or the landlord has obtained an Eviction Order from the Supreme Court of the Northwest Territories. (Section 48[2])

Does a tenant still have security of tenure after a fixed term tenancy agreement expires?
Yes. Were a tenancy agreement ends on a specific date the landlord and tenant are deemed to renew the tenancy agreement on a month to month basis. (Section 49[1])

Does the automatic renewal provision apply in all circumstances?
No. It does not apply to subsidized public housing or to rental premises provided as a benefit of employment. It also does not apply when the tenancy has been terminated in accordance with the Residential Tenancies Act or where the rental premises is the only residence of the landlord in the Northwest Territories. (Section 49[2] and [3])


Termination

Can a landlord and tenant agree to terminate a tenancy agreement on a date other than the ending of the tenancy agreement?
Yes. A landlord and tenant may agree in writing to terminate a tenancy agreement at any time.

How can a tenant terminate a fixed term tenancy agreement?
A fixed term tenancy agreement may only be terminated on the ending date of the agreement by the tenant giving written notice at least thirty days before the ending date. (Section 51[1])

Can a tenant terminate a fixed term tenancy agreement before the ending date specified in the agreement?
No. A fixed term tenancy agreement may however be assigned or sublet with the landlord’s permission.

How much notice must a tenant give a landlord before moving out?
In the case of a weekly tenancy, the notice must be given at least seven (7) days before the termination date. In the case of a monthly tenancy of less than twelve (12) months, thirty (30) days notice must be given. In the case of a monthly tenancy of more than twelve (12) months, sixty (60) days notice must be given. Written notice must be given on or before the last day of one (1) month of the tenancy, to be effective on the last day of the following month i.e. rent is payable on the first of each month, if the tenant wishes to vacate the premises on May 31st, notice must be given to the landlord prior to April 30th. (Section 52[1])

What happens if notice to terminate is not given to the landlord until the middle of the month and the notice is for the end of the same month?
If less than a complete calendar month notice is given to terminate a monthly tenancy agreement, the landlord may apply to the Rental Officer for an additional months rent as rental arrears.

Under what circumstances may a landlord give a notice of termination?
A landlord may give a ten (10) day notice of termination if:

  1. The tenant or tenant’s guests repeatedly or unreasonably disturb the landlord or other tenants.
  2. The tenant or tenant’s guests cause damage to the rental premises or building.
  3. The tenant fails to give the landlord the required security deposit
  4. The tenancy agreement has been frustrated.
  5. The tenant has made unsafe the rental complex for the landlord or other tenants
  6. The tenant has repeatedly failed to pay the full amount of rent on time.

A landlord may not terminate a tenancy, but must apply to a rental officer for an Order of termination. (Section 54[1])

Is it true a tenancy agreement may not be terminated during the winter?
No. The Residential Tenancies Act does not provide such protection to a tenant. The only exception is lot rental for mobile homes. In such a case the tenancy agreement may not be terminated during the months of December, January and February.

What must be included in a notice of termination from either the landlord or a tenant?
A notice of termination must be in writing and signed by the party giving notice. It must also identify the rental premises, the date on which the tenancy will terminate and the reason for termination. (Section 55[1])

Can a landlord charge a tenant any fee for giving notice of termination?
No (Section 55[2])

How is a tenancy terminated where the rental premises was provided by an employer as a benefit of employment?
Such a tenancy is terminated on the day the tenant’s employment is lawfully terminated. Such a tenant must vacate the rental premises no later than seven (7) days after his or her employment is terminated. (Section 56[1] and [2])

Can a landlord terminate a tenancy in order to sell the rental premises?
The landlord may make an application to a Rental Officer for an Order to terminate a tenancy not less than ninety (90) days after the application date if the purchaser requires vacant possession or the purchaser requires possession of the rental premises for his or her own use. (Section 58[1])

If a tenant receives a copy of the application referred to in Question 11, can the tenant vacate the rental premises before the ninety (90) day period?
Yes. The tenant must give at least five (5) days notice of the tenant’s intention to vacate. (Section 58[2])

For what other reasons may a landlord make application to the Rental Officer for an Order to terminate an tenancy?
If the landlord can show that the landlord requires possession of a rental premises for the purpose of demolition, changing the use of the rental premises for something other than a rental premises or making repairs or renovations so extensive as to require a building permit. (Section 59[1])

Does a tenancy agreement terminate if a tenant abandons the rental premises?
Yes. If a tenant abandons a rental premises the tenancy agreement terminates on the day that the rental premises was abandoned. In such a case, the tenant is liable to compensate the landlord for loss of future rent that would have been payable under the tenancy agreement.


Eviction

What is an eviction?
It is the legal process to expel a tenant from a rental premises.

Can a landlord obtain an Order for eviction of a tenant from a Rental Officer?
No. Only the Supreme Court of the Northwest Territories has the jurisdiction to issue an Eviction Order in the Northwest Territories.

How does a landlord obtain an Eviction Order?
A landlord must first obtain an Order from a Rental Officer terminating the tenancy and Ordering the tenant to vacate the rental premises. After the landlord has such an Order the landlord makes an application to the Supreme Court to issue the Eviction Order.

What happens after the Eviction Order is issued?
The Eviction Order may be given to the sheriff of the Northwest Territories for enforcement. It is the Sheriff or the Sheriff’s Officer that put the landlord in possession of the rental premises. (Section 63[2])


Abandoned Personal Property

What is abandoned personal property?
It is any property the tenant leaves at a rental premises after the tenancy agreement is terminated for which the landlord and tenant have not made an agreement to store.

Can the landlord remove abandoned personal property from a rental premises?
The landlord may remove it, and must store or dispose of it in accordance with Section 64 of the Residential Tenancies Act. (Section 64 [1])

Must the landlord store items that are unsafe or worthless?
No. If the landlord has good reason to believe that any removed item is unsanitary or unsafe to store, or is worthless, the landlord may dispose of the items. (Section 64[2])

Must a landlord report the items which are removed?
A: Yes. An inventory of the property must be sent to the Rental Officer and to the tenant if the tenant’s whereabouts is known. (Section 64[3])

For how long must a landlord store abandoned property?
Abandoned property must be stored in a safe place and manner for a period of not less than sixty (60) days. (Section 64[5])

Can a tenant recover his property while it is being stored?
Yes. However the tenant must pay the cost of removing and storing the property. (Section 64[6])


What can a landlord do with the property after sixty (60) days?
If no one has taken possession of the property after sixty (60) days, the Rental Officer may permit the landlord to sell or dispose of the property and retain the proceeds to reimburse the landlord for storage and removal costs. (Section 65[1] & [2])


Applications to a Rental Officer

What is the purpose of making an application to a Rental Officer?
A landlord or tenant may make an application to have a disagreement resolved between a landlord and tenant.

Is there a time limit on making an application?
Yes. It should be make within six (6) months after the situation or disagreement arose. Either party may apply for an extension of the time limit. (Section 68[1] and [2])

Is the other party informed of an application being made?
Yes. The applicant must serve the respondent with a copy of the application within fourteen (14) days of it being filed with the rental office. (Section 68[2])

Can a landlord and tenant dispute be taken before a court rather than a Rental Officer?
A residential tenancy matter may only be taken before a court if both parties agree to do so. (Section 69)

What does it cost to make an application to a Rental Officer?
There is no cost to make an application.

Do I need a lawyer to help me make an application?
The process is set up so that you may make an application and state your claim without hiring a lawyer. If you choose to hire a lawyer for assistance, you will be responsible for paying your own legal fees.

What is the step by step process once an application is made to a Rental Officer?

  1. Upon filing an application in triplicate, the Rental Officer will return two (2) copies to the applicant who shall serve one (1) of the copies on the respondent.
  2. The Rental Officer will then set a Mediation date to allow the parties the opportunity to try and reach an agreement. If this is not possible, a Hearing date is set and both parties are served with a Notice of Hearing stating the date, time and place of the Hearing
  3. At Hearing both the applicant and respondent are given the opportunity to give oral and written evidence as well as having witnesses giving evidence.
  4. Based on the evidence the Rental Officer will make an Order which is binding on both parties. A copy of the Order and Reasons for Decision are then served on each party.

Rental Officer

What are the duties and powers of a Rental Officer?

  1. Provide information respecting tenancy matters to landlords and tenants
  2. Receive and investigate complaints and mediate disputes between landlords and tenants
  3. Investigate allegations of violations of the Residential Tenancies Act
  4. Issue Notices and Orders
  5. Enter rental premises after giving reasonable notice for the purpose of discharging his or her duties
  6. Hold hearings and determine matters of procedure at Hearings. (Section 74[1])

Enforcement of an Order

Is the Order of a Rental Officer binding on both parties?
Yes. (Section 85)

How can an Order of the Rental Officer be enforced?
An Order filed with the Territorial Court is deemed to be an Order of the Territorial Court and enforced in the same manner as a judgement of the Territorial Court. (Section 86)


Appeal

Can an Order of a Rental Officer be appealed?
Yes. By filing an appeal with the Supreme Court within fourteen (14) days of being served with a copy of the Rental Officer’s Order. (Section 87[1])


Definitions

Applicant: A landlord or tenant making an application to a Rental Officer.

Respondent: A landlord or tenant against whom an application is made to a Rental Officer.

Rental Premises: A place someone rents to live in such as a house, apartment or room and may include the lot on which a tenant owned trailer is placed.

Tenancy Agreement: An agreement whether oral, written or implied between a landlord and tenant for the right to occupy rental premises.

Fixed Term Tenancy Agreement: A tenancy agreement for a specific length of time that includes a date on which the tenancy will end.

Periodic Tenancy Agreement: A tenancy agreement with no fixed ending date but one which continuous periodically, i.e. week to week, month to month.


Landlord Tips
Provide the tenant with a signed copy of the tenancy agreement within sixty (60) days of both landlord and tenant signing it.

Request tenant to provide proof that the utility company has accepted them for service, if the tenants are to pay their own utility charges.

Use a written tenancy agreement rather than an oral one.

Carry out an “Incoming inspection” of the rental premises with the tenant and complete in duplicate a condition report at the commencement of the tenancy.

A landlord may ask for a security deposit equal to one (1) months rent in the case of a monthly tenancy and one (1) week in the case of a weekly tenancy.

The security deposit must be kept separate from the landlord’s own funds in a trust account.

All notices to tenants should be in writing keeping copies for your records.

At the conclusion of the tenancy complete the “Outgoing” portion of the inspection report with the tenant.

Remind tenants to look into tenant insurance for their personal property.

Put any “house rules” in writing and attach a copy to the tenancy agreement.

Read through this booklet and especially the landlord’s obligations section of the Residential Tenancies Act.


Tenant Tips

Carry out an incoming inspection of the rental premises with the landlord and complete in duplicate the condition report at the commencement of your tenancy.

Read the tenancy agreement thoroughly before signing. Remember you are responsible for that which you agree to if it is not in contravention of the Residential Tenancies Act.

Ensure the landlord has given you a copy of the written tenancy agreement after signing it.

Ensure you are given a receipt for the security deposit and all rental payments.

After moving out and cleaning the rental premises, complete the “Outgoing” portion of the inspection report.

All notices to your landlord should be in writing keeping copies for your records.

Request for maintenance and or repairs should be made to the landlord in writing keeping copies for your records.

Ensure that your personal property is totally insured as the landlord’s insurance covers the building and his or her personal property.

Determine before you sign the tenancy agreement if it is a month to month agreement or for a fixed term.

Read through this booklet and especially the tenant’s obligations section of the Residential Tenancies Act.