Is a written lease a requirement in Nunavut?
There is no formal requirement that a lease agreement be in writing but Nunavut landlords are advised to use a written and signed rental contract. Using a Nunavut lease agreement provides protection for the landlord and spells out all of the terms of tenancy. An agreement between the landlord and tenant can be referred to as a rental agreement, tenancy agreement or lease. Where a written tenancy agreement is used, it must be signed by both parties and the tenant must be given a copy within sixty (60) days of the beginning of the tenancy.
Is the collection of a security deposit permitted in Nunavut?
The landlord may collect a security deposit of an amount equal to one week’s rent, if the tenancy is weekly; for all other terms, the amount may not exceed an amount equal to one month’s rent. Aside from weekly tenancies, tenants may pay half of the security deposit at the beginning of the tenancy and the balance within three months. **Subsidized or public housing recipients may differ.
IMPORTANT: The collection of the last month’s rent in advance is not permitted. In order to be able to collect a security deposit, a landlord must provide an inspection checklist to the tenant. The landlord must credit to the security deposit annual interest. All security deposits must be held in a separate, interest-bearing account from the landlord’s other monies.
How does the security deposit get disbursed after tenancy is ended?
Within ten (10) days from the end of the tenancy, the landlord must either return the entire security deposit back to the tenant OR provide the tenant with an itemized and estimated statement to the tenant and the Rental Officer as well. It is important to remember to calculate and include the interest as well. The landlord has thirty (30) days to provide to the tenant a final statement of itemization including the costs of any repairs along with the balance, if any, of the security deposit.
Must a landlord permit a tenant to change locks?
Neither landlord nor tenant may change or alter locks or locking mechanisms without consent from the other.
Can a landlord enter the premises at any time?
Unless there is an emergency present, a landlord may not enter the rental unit at his leisure; there are specific times and procedures to follow. Notification to the tenant must be given in writing at least twenty-four (24) hours ahead of time. There must be a valid purpose and the time of day must be between 8:00 AM and 8:00 PM.
What are the landlord’s responsibilities for maintenance?
The landlord must provide and maintain a fit premises. This means that the rental unit and any services provided must meet all safety, health and building codes set forth within the province and locally. This requirement cannot be waived or altered by the lease agreement and exists regardless of whether the tenant had advance knowledge of a deficiency. The tenant may be responsible for any repair needed because of negligence on behalf of the tenant or the tenant’s family or invitees. **A landlord may NEVER withhold essential services such as plumbing or electricity intentionally.
The tenant is late in paying the rent, may the landlord charge a late fee?
A late fee or penalty may be assessed if the tenant has not paid according to the lease agreement. The amount of the allowed per diem late fee changes often, so check with the Nunavut Depart of Justice.
How does the landlord evict a tenant?
The first step is serving a termination notice on the tenant in the manner prescribed by the Nunavut Residential Tenancy Act. If the tenant remains, then the landlord will obtain an eviction order from a registered Rental Officer. The Officer will then register the order with the Supreme Court in Nunavut. There will then be a hearing. Landlords are uged to hire a lawyer represent them. If the landlord wins in court, he will be awarded a “writ” which is an order that says possession will be returned to the landlord. This does not mean that the landlord may take it upon himself to change locks or touch any of the tenant’s personal belongings. Repossession of the leased premises must be overseen by a sheriff of the court.
How does a landlord contact the Department of Justice?
The Nunavut Department of Justice can be contacted via telephone at 867-975-6170 or email at justice@gov.nu.ca. Nunavut’s Minister of the Department of Justice is presently the Hon. Daniel Shewchuk.
DISCLAIMER: The reader understands that the information contained herein is not in any way legal advice or counsel. There are no warranties expressed to the accuracy of the content contained in this article. The use of a lawyer is strongly encouraged.
