NWT Landlord Personal Use Notice: Moving Back Into Your Rental
Two Different Routes Depending on Your Situation
A Northwest Territories landlord who wants to move back into a rental property faces one of two procedural paths under the Residential Tenancies Act (RSNWT 1988, c. R-5). The path depends on whether the rental premises is your only residence in the territory.
Route 1: The Single-Residence Exemption
If the rental premises is your only residence in the NWT, sections 51(2) and 52(2) give you a direct notice right.
Monthly tenancy: Serve written notice at least 90 days before the termination date. The termination date must fall on the last day of a rental period (typically month-end).
Fixed-term tenancy: Serve written notice at least 30 days before the lease's end date.
This exemption recognises that you are reclaiming your own home, not removing a tenant for commercial reasons.
Timing trap: If your monthly tenant pays on the 1st and you serve a 90-day notice even one day late in the month, the effective termination date can shift by a full calendar month. Count the clear days carefully and align the termination date with the last day of the rental period.
Route 2: Rental Officer Application (Other Landlords)
If the rental premises is not your only residence in the NWT, you cannot use the single-residence notice provisions for personal use. Instead, you apply to a Rental Officer under section 58(1)(a) for an order of termination based on personal occupation — for the landlord, the landlord's spouse, child, or parent, or a child or parent of the landlord's spouse.
The Rental Officer will assess whether your intent is genuine. A vague plan to "maybe move in later" or an intent to re-list at a higher rent will not satisfy the good-faith requirement.
What to prepare:
- The official Application to a Rental Officer — Landlord form (March 2026 edition)
- For a paper filing, three copies of the form and supporting documents; the current form also allows secure-file submission
- Evidence of genuine intent: your current living situation, family circumstances, or relocation plans
- $100 filing fee
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Family Members and Purchaser Use
Section 58(1)(a) covers occupation by the landlord, the landlord's spouse, child, or parent, or a child or parent of the landlord's spouse. If you are selling the property and the buyer wants to move in personally, section 58(1)(b) applies when the landlord has entered into an agreement of sale requiring vacant possession and the purchaser or a listed family member requires the unit as a residence. The purchaser's listed family members are the purchaser's spouse, child, or parent, or a child or parent of the purchaser's spouse.
For a section 58(1)(b) application, the landlord who entered into the agreement of sale applies to the Rental Officer.
What Happens If the Tenant Refuses to Leave
Whether you used the single-residence notice or received a Rental Officer order, a tenant who stays past the termination date cannot be physically removed by the landlord. The eviction order must be filed with the Supreme Court Registry within six months after it takes effect, and the Sheriff's Office executes the Writ of Possession.
For the complete personal-use procedure, evidence requirements, and the enforcement timeline, see our NWT ending a tenancy guide.
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