Landlord Guide to Renting in the Northwest Territories

The NWT Residential Tenancies Act recognizes written and oral tenancy agreements. Landlords must provide a written agreement or, at minimum, a written statement of the key terms within 21 days of the tenancy start. The RTA applies to all residential tenancies regardless of whether the agreement is in writing.

• Both fixed-term and periodic tenancies are recognized under the RTA
• If no written agreement exists, the landlord must provide a written statement of the tenancy terms within 21 days (RTA, s. 12)
• Provisions that waive or contract out of the RTA are void and unenforceable (RTA, s. 3)
• The NWT Rental Office publishes a standard form tenancy agreement that landlords may use

The RTA limits the security deposit a landlord may collect to the equivalent of one month's rent. The deposit must be held separate from the landlord's personal funds and interest is payable to the tenant as prescribed by regulation.

• Maximum security deposit: one month's rent (RTA, s. 18(1))
• The deposit must be placed in a trust account or held in a manner prescribed by the regulations (RTA, s. 18(3))
• Interest accrues at the rate set by the Security Deposit Interest Rate Regulation and must be paid to the tenant on an annual basis or at the end of the tenancy
• A landlord may not require a deposit in excess of one month's rent, including any pet deposit

NWT landlords must disclose certain information to tenants before or at the start of the tenancy. Proper documentation of the unit's condition at move-in is important for deposit-related disputes.

• A condition inspection report should be completed jointly by the landlord and tenant at the start and end of the tenancy (RTA, s. 19)
• The landlord must disclose the legal name and contact address of the landlord or the landlord's agent
• Any known material defects or health and safety hazards in the unit should be disclosed before the tenancy begins
• If the unit is subject to a demolition or conversion order, this must be disclosed to the tenant

Rent is payable on the date specified in the tenancy agreement. The NWT does not impose a statutory grace period for late rent, but landlords may only charge a late fee if the tenancy agreement expressly provides for one.

• Rent is due on the date specified in the agreement; if not specified, it is due on the first day of each rental period
• No statutory grace period for late rent payments
• Landlords must provide a receipt for rent payments upon request (RTA, s. 22)
• A landlord may not distrain (seize) a tenant's goods for non-payment of rent (RTA, s. 23)

Landlords must maintain rental premises in a good state of repair, fit for habitation, and in compliance with applicable health, safety, and housing standards. This obligation exists throughout the tenancy and cannot be contracted out of.

• The landlord must provide and maintain the premises in a good state of repair and fit for habitation (RTA, s. 25(1))
• Essential services including heat, water, and electricity must be maintained at all times (RTA, s. 25(2))
• Tenants must notify the landlord in writing of needed repairs; the landlord must respond within a reasonable time
• The Rental Officer may order the landlord to make repairs if the landlord fails to do so (RTA, s. 64)

Landlords must provide reasonable written notice before entering a tenant's unit for non-emergency purposes. Entry must occur at reasonable times and for purposes permitted by the Act.

• At least 24 hours' written notice is required for non-emergency entry (RTA, s. 27(2))
• Entry must occur between 8 a.m. and 8 p.m. unless the tenant agrees otherwise (RTA, s. 27(3))
• Permitted purposes include inspections, repairs, showings to prospective tenants or buyers, and pest treatment
• Emergency entry (e.g., fire, flood, imminent danger) is permitted without notice (RTA, s. 27(5))

The NWT does not impose rent control, so landlords may increase rent by any amount. However, rent increases are limited to once per year for periodic tenancies and require proper written notice.

• No statutory cap on the amount of a rent increase
• A minimum of 90 days' written notice is required before a rent increase takes effect (RTA, s. 39(1))
• Rent may only be increased once in any 12-month period for periodic tenancies (RTA, s. 39(2))
• For fixed-term tenancies, rent cannot be increased during the term unless the agreement permits it

Termination notice requirements in the NWT depend on the type of tenancy and the reason for termination. All notices must be in writing and served in accordance with the RTA.

• Month-to-month tenancy, landlord or tenant: at least three months' written notice (RTA, s. 43(1))
• Weekly tenancy: one full tenancy week's notice
• Nonpayment of rent: 14 days' written notice (RTA, s. 46(1))
• Substantial breach: the Rental Officer may issue a termination order after a hearing if the breach is not remedied

Self-help evictions are prohibited in the NWT. A landlord must follow the legal process through the Rental Office and, if necessary, the courts to obtain an order of possession.

• Serve the appropriate written termination notice under the RTA
• If the tenant does not vacate, apply to the Rental Officer for an order of possession (RTA, s. 62)
• If the tenant still does not comply, the landlord may apply to the Supreme Court of the Northwest Territories for enforcement
• Self-help evictions such as changing locks, removing belongings, or shutting off utilities are prohibited and may result in penalties (RTA, s. 28)

The landlord must return the security deposit plus accrued interest within 10 days of the tenancy ending and the tenant providing a forwarding address, less any permitted deductions.

• Return deadline: within 10 days after the tenancy ends and the tenant provides a forwarding address (RTA, s. 20(1))
• The landlord must provide a written statement itemizing any deductions and the remaining balance
• Permissible deductions: unpaid rent, costs to repair damage beyond normal wear and tear, and reasonable cleaning costs
• If the landlord fails to return the deposit on time, the tenant may apply to the Rental Officer for an order requiring full return of the deposit