The Residential Tenancies Office was created by the Residential Tenancies Act helps landlords and tenants by:
- Providing information
- Investigating problems and trying to work out a solution that works for both people
- Holding hearings to listen to evidence
- Making orders to resolve problems between landlords and tenants
- Most problems can be resolved quickly between the landlord and tenant, but some take more time. If you want the Rental Officer to help with your problem, you can make an application. The Rental Officer can give you an application form to help with this.
- When your application is received, the Rental Officer can:
- Inquire into the matter, which may involve an inspection of the rental premises
- Talk to any person who might have relevant information
- Try to help the landlord and tenant work out the problem through mediation
- Hold a hearing to gather more information from both people
- Make an order that can be enforced by the court
The Rental Officer’s hearings are simple and are often done over the telephone. You do not need a lawyer, but you can hire one if you want to. If you get papers from the Residential Tenancies Office saying that there will be a hearing, you must attend.
If you do not attend the hearing, the Rental Officer could make a decision without hearing your side of the story. The Hearing Notice will tell you where the hearing is or provide you with a telephone number to call and when it is scheduled. Remember to bring any relevant documents that will prove what you are saying.
If the hearing is by telephone, it is important that you either fax or e-mail your documents to the Residential Tenancies Office before the hearing starts. If you cannot attend the hearing, call the Residential Tenancies Office right away to ask for the hearing to be put off to another time.
If the Rental Officer makes an order or decision, you have to follow it. But if you believe that the order or decision is wrong, you can appeal to the Nunavut Court of Justice. You have to file your appeal with the Nunavut Court of Justice within 14 days of receiving the order or decision, and you have to give a copy of the Notice to Appeal to the Rental Officer and the other person.
The Judge can decide whether to delay your order or decision until the appeal is heard. The Judge may hear any evidence during the appeal. The Judge can agree to allow the appeal and change or cancel the order or decision, or the Judge could dismiss your appeal.
The Residential Tenancies Office is here to help landlords and tenants resolve disputes. The Residential Tenancies Office encourages Landlords and Tenants to try to work out issues between themselves.
You can contact the Residential Tenancies Office at anytime to get information or advice on any matter in regards to situation. The Rental Officer may refer you to other agencies to assist you in your situation. These agencies may include Maliiganik Tukisiiniakvik Legal Services; Social Services or others.
If you are unable to resolve your situation, you should considering filing an Application to a Rental Officer.
- Complete the Application to a Rental Officer form
- Complete all sections of the form including name, address and telephone number of the Respondent (other party).
- Include as much information you feel is necessary to support your claim, include sections of the Residential Tenancies Act that you feel have been violated.
- Forward a copy of the Application to a Rental Officer form to the Residential Tenancies Office by any of the following methods:
- In Person
- By Fax
- E-mail (scanned and included as an attachment)
- Canada Post
There is no preference on the method of delivery to this office, but if the matter is urgent, you may wish to use a faster method.
- The Rental Office will process your Application to a Rental by date stamping the form and assigning a file number. A “Filed” copy of the Application to a Rental Officer will be returned to you for service on the Respondent.
- You must serve copy of the “Filed” Application to a Rental Officer to the Respondent (other party) within 14 days of filing the application with the Residential Tenancies Office. This is mandatory and is required by the Residential Tenancies Act. If you do not serve the other party within 14 days, your matter may not be dealt with and you may have to start the process over.
- While you are waiting for any hearing or decision from the Residential Tenancies Office, you are encouraged to speak to the Respondent (other party) and try to resolve the matter between yourselves. If you are able to resolve the matter, you can withdraw your Application to a Rental Officer.
- Appealing any Order or Decision of the Rental Officer. 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 Nunavut Court of Justice.
- Enforcement of an Order or Decision from the Rental Officer. If the Order or Decision is not followed, you may file a copy of the order with the Nunavut Court of Justice.
- If you fail to comply with an Order or Decision of a Rental Officer or violate section 91 of the Residential Tenancies Act, you could be found guilty of an offence and could be liable upon summary conviction to a fine not exceeding $2,000.
You can contact the Rental Officer by mail, telephone, fax or e-mail:
Residential Tenancies Office
1106 Inuksugait Plaza (4th Floor)
P.O. Box 1000 Station 590
Iqaluit, Nunavut, X0A 0H0
Telephone: (867) 975-6314
Toll Free: (877) 279-2331