NWT Abandoned Rental Property: What Landlords Must Do

What Counts as Abandonment

Abandonment under Section 1(3) of the NWT Residential Tenancies Act is not just a tenant being late on rent or away for a holiday. A tenant has abandoned if the tenancy has not otherwise been terminated and either the landlord has reasonable grounds to believe the tenant has left, or the tenant does not ordinarily live there, has not expressed an intention to resume living there, and rent paid is no longer sufficient to meet the rent obligation. Section 62 provides that the tenancy ends on the date the premises were abandoned. Sections 64–66 govern personal property left behind.

A tenant who is travelling for work but continues paying rent has not abandoned. A tenant who missed one payment but left belongings in the unit and has not communicated their departure has not necessarily abandoned either. Landlords who jump to conclusions here risk an unlawful eviction claim.

Gathering Evidence Before Taking Possession

Before entering or re-letting an apparently abandoned unit, collect objective evidence:

• Key surrender: Did the tenant return the keys?
• Personal effects removed: Is the unit empty of the tenant's belongings, or are significant possessions still there?
• Utility disconnection: Has the tenant cancelled their utility accounts?
• Communication: Have you attempted to contact the tenant by phone, email and registered mail? What responses (or non-responses) have you received?
• Neighbour statements: Can neighbours confirm the tenant moved out?
• Rent arrears: How many months of rent are unpaid?

Document everything. Photographs of the empty unit, copies of unanswered letters, call logs and witness statements all strengthen your position if the tenant later disputes the abandonment.

Processing Abandoned Property

The NWT Rental Office publishes an Abandoned Property Forms Package (last updated May 30, 2018) that covers the process for dealing with belongings left behind. A landlord cannot simply throw everything out on the day they discover the unit is empty.

Under Section 64, the landlord must give the Rental Officer an approved-form inventory of removed property as soon as reasonably possible and give the tenant a copy if the tenant's address is known. Property that is not disposed of under an exception must be stored safely for at least 60 days, subject to the Rental Officer's directions.

Security Deposit and Financial Claims

If a tenant has abandoned, the landlord's standard deposit obligations still apply. The deposit (with accrued interest) is applied against unpaid rent and any documented damage. The landlord must provide an itemized statement of deductions — the same rules apply as any other tenancy ending.

The duty to mitigate under Section 5 also applies: the landlord must rent the premises again as soon as practicable and at a reasonable rent to mitigate damages. Future-rent compensation is limited by the losses that reasonable re-letting could avoid.

When Abandonment Is Unclear

If you are not confident that the tenant has actually abandoned, apply to the Rental Officer rather than taking possession unilaterally. The Rental Officer can investigate, schedule a hearing (even in the tenant's absence if properly served under Section 80(2)), and issue a formal termination order that protects you legally.

If the tenant has not abandoned, the tenancy has not ended under Section 62, and the landlord must follow the Act's termination and eviction process. Section 60(1) lets a tenant seek reasonable moving and other expenses after a non-good-faith termination under Sections 58 or 59. Harassment to force a tenant to leave is an offence under Section 91(1)(c), punishable on summary conviction by a fine of up to $2,000.

Abandonment in the Broader Process

Abandonment is one of several ways a tenancy can end in the NWT without a formal hearing. For the full picture — including cause-based terminations, the notice exemption, mutual agreements and the enforcement pipeline — our NWT ending a tenancy guide covers every pathway.

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