Overholding Tenant in the Northwest Territories: What Landlords Can Do

A Tenant Who Stays Cannot Be Removed by Self-Help

When a fixed-term lease reaches its specified end date, it is automatically renewed as a monthly tenancy under section 49 unless it has been terminated under the Act, the parties have entered into a new agreement, or the premises are employment accommodation. If a tenancy has ended under the Act and the former tenant remains, section 67 entitles the landlord to compensation for use and occupation. Section 48(2) does not allow the landlord to regain possession unless the tenant has vacated or abandoned the premises or an eviction order authorizes it.

The landlord cannot change the locks without mutual consent, withhold vital services, move belongings out, or physically remove the tenant. Changing locks and withholding vital services are prohibited by sections 25 and 33; harassment to force a tenant to leave is an offence under section 91(1)(c), carrying a fine of up to $2,000 on summary conviction.

Your Only Legal Option: Apply to the Rental Officer

First determine whether the tenancy has actually ended: a fixed-term date alone usually renews the agreement monthly under section 49. If the tenancy has ended under the Act and the tenant remains, file an Application to a Rental Officer seeking an eviction order.

What you need:

• The official Application to a Rental Officer — Landlord form
• For a paper filing, three copies of the form and supporting documents (the expired notice, proof of service, the tenancy agreement, any correspondence with the tenant); the current form also allows secure-file submission
• $100 filing fee

File generally within six months after the breach or the situation referred to in the application arose. Under section 68(3), the Rental Officer may extend that time, even after it has expired, if an extension would not be unfair.

The Hearing and Order

The Rental Office schedules a hearing; it reports that three-way teleconference is the default method, with in-person hearings scheduled in limited cases. You present your evidence that the tenancy has ended. If the tenant does not attend after proper service, the Rental Officer can decide in their absence.

The Rental Officer may order:

• Immediate termination and eviction
• A specific move-out date
• Compensation for the period of overholding

If the Tenant Still Does Not Leave

A Rental Officer's eviction order does not authorise you to physically remove the tenant. The enforcement pipeline has two more stages:

1. Supreme Court registration — file the order with the Supreme Court Registry in Yellowknife within six months after it takes effect, along with an Affidavit of Non-compliance, certified copies of the eviction order and service affidavit, a court backer, and a completed Writ of Possession form.

2. Sheriff execution — once the Clerk signs and seals the Writ, the Sheriff's Office physically removes the occupant and hands you vacant possession.

Landlord's Duty to Mitigate

Under section 5, you have a duty to mitigate your losses. If the tenant abandons partway through the overholding period, you cannot let the unit sit empty while rent arrears accumulate. Make reasonable efforts to re-let at market rent.

Do Not Wait to Act

Every month of overholding is a month of uncertainty and potential lost rent. Yellowknife rents for multi-bedroom units commonly exceed $2,500 per month, so delays are expensive. File your application as soon as the tenant overstays, gather your evidence beforehand, and move through the process methodically.

For the complete overholding procedure — including date calculations, service proof requirements, and the full enforcement timeline — see our NWT ending a tenancy guide.

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