NWT Tenant Property Damage and Breach: Landlord Options

You Cannot Issue a Notice — You Must Apply to the Rental Officer

When a tenant in the Northwest Territories damages your property, disturbs other occupants, or breaches a material term of the lease, the landlord's route is an application to the Rental Officer under the Residential Tenancies Act (RSNWT 1988, c. R-5). A landlord cannot end the tenancy for these breaches by notice alone; the Rental Officer decides. Section 54 allows a written notice of at least 10 days in specified circumstances, followed by a required application to the Rental Officer for a termination order. For rental premises with a mobile home, that notice must be at least three months, and the tenancy cannot be terminated in December, January, or February.

Three statutory sections cover the primary breach grounds:

Section 42: Property Damage

Tenants are liable for damage caused by wilful or negligent conduct — their own or that of people they permit on the premises. Inspection reports document the condition of the premises at the beginning and end of the tenancy.

Under section 15, the landlord must inspect the premises at the beginning of the tenancy, prepare an entry inspection report without delay, and give the tenant a copy within five days after the inspection. Section 17.1 requires an exit inspection at the end of the tenancy and a report copy for the tenant within five days after that inspection. These reports help establish the baseline condition and what changed.

Evidence to prepare:

• Entry inspection report (the baseline)
• Exit inspection report or current condition photographs
• Repair invoices or contractor estimates
• Written correspondence with the tenant about the damage

Section 43: Disturbance and Noise

Interference with the quiet enjoyment of other occupants or neighbours falls under section 43. This covers persistent noise, aggressive behaviour, or conduct that makes shared living spaces untenable.

Evidence to prepare:

• Detailed disturbance log with dates, times, and descriptions
• Complaints from other tenants (written statements if possible)
• Any warning letters you sent to the tenant
• Photographs or recordings where relevant and lawfully obtained

Section 45: Uncleanliness and Overcrowding

Section 45(2) requires tenants to maintain ordinary cleanliness. Section 45(3) prohibits continuing occupancy by a number of people that contravenes health, safety, or housing standards required by law, or breaches the tenancy agreement. Either breach may support a Rental Officer application.

Filing the Application

The process is the same as any Rental Officer application:

• Complete the Application to a Rental Officer — Landlord (March 2026 form)
• For a paper filing, prepare three copies of the form and supporting documents; the current form also allows secure-file submission
• Pay the $100 filing fee
• Generally file within six months after the breach or the situation referred to in the application arose; the Rental Officer may extend the time if an extension would not be unfair (s. 68(1), (3))

What the Rental Officer Can Order

The Rental Officer's discretion is broad. Depending on the severity and whether the breach is remediable, the order might:

• Require the tenant to remedy the damage or behaviour within a set period
• Award monetary compensation for repair costs
• Terminate the tenancy conditionally or immediately
• Grant an eviction order for serious or repeated breaches

Not every breach leads to termination. A single broken window might result in a repair order. Persistent property destruction or serious disturbance is more likely to result in termination.

For the full breach-and-damage procedure, evidence checklists, and the post-order enforcement pathway, see our NWT ending a tenancy guide.

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