How can a lease be terminated in the Northwest Territories?
It is the responsibility of both parties to renegotiate or terminate the lease before the expiry date. Tenants may not give notice during a fixed term lease, but must wait until the end of the fixed term for the lease to terminate. Landlords may only terminate a tenancy for specified reasons as set out in the Act and cannot terminate simply because a fixed term has expired. When a fixed term tenancy goes to a month-to-month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term.
A notice of termination must be in writing and signed by the party giving the notice. It must also (i) identify the rental premises, (ii) state the date on which the tenancy is to terminate, and (iii) state the reason for the termination. If the notice is not in proper form or is not properly served, it is invalid and the tenancy continues.
A tenancy may only be terminated by:
- a written agreement between the landlord and tenant;
- in certain circumstances, by notice given by the landlord;
- by notice given by the tenant;
- by legal order;
- where the premises are provided to an employee as a job benefit, by lawful termination of the tenant's employment; or
- by abandonment of the premises by the tenant.
Termination by a tenant of a fixed-term agreement must occur at least 30 days before the end of the term. For a weekly tenancy, notice must be given at least 7 days before the termination date stated in the notice; for a monthly tenancy of less than 12 months, at least 30 days before the stated termination date; and for a monthly tenancy of 12 months or longer, at lest 60 days before the stated termination date.
How can a landlord evict a tenant?
If the tenant does not leave after being properly served a termination notice or an order to vacate, the landlord must obtain an eviction order from the Supreme Court. Applications for eviction orders must be served on the other party at least 5 days before the date scheduled for the hearing. Both parties should have a lawyer at the hearing. If an eviction order is granted, a writ of possession is also required. The landlord delivers these documents to the Sheriff. The Sheriff must first make a reasonable demand to be let into the premises, but then may force his/her way into the premises, if necessary. Resisting the Sheriff in these circumstances can lead to criminal prosecution.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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