Unlawful Eviction in the NWT: Penalties for Landlords

The Act Restricts Recovery of Possession

Frustration with a tenant who will not leave does not give a landlord the right to take matters into their own hands. Under section 48(2) of the Residential Tenancies Act (RSNWT 1988, c. R-5), a landlord cannot regain possession unless the tenant has vacated or abandoned the premises or an eviction order authorizes it. Under section 91(1), specified offences are punishable on summary conviction by a fine of up to $2,000; the maximum fine for a corporation convicted under subsection 91(1) is $25,000.

The law means exactly what it says. Only the Sheriff's Office of the Northwest Territories — acting on a Writ of Possession issued by the Supreme Court — has the legal authority to physically remove a tenant from a residential property.

What Counts as Unlawful Eviction

Changing the locks during the tenant's occupancy without mutual consent is prohibited by section 25. Even if the tenant owes months of rent, you cannot lock them out.

Disconnecting utilities — heat, fuel, electricity, water, or gas — violates section 33, which prohibits withholding vital services. In a territory where winter temperatures routinely drop below -30°C, cutting off heat is not just illegal, it is dangerous.

Seizing belongings — section 35 prohibits a landlord from seizing a tenant's property.

Physical removal — a landlord may not regain possession without an eviction order; the Sheriff executes the Writ of Possession under section 86.2.

Harassment — repeated intimidation, threats, or interference designed to make the tenant leave.

NWT tenants in the community actively report statutory infractions to the Rental Officer. The regulatory environment in the territory is small and interconnected — procedural violations are noticed.

The Lawful Alternative

The only route to physical possession against a non-compliant tenant:

1. Apply to the Rental Officer with evidence supporting your termination ground ($100 filing fee; paper filings are submitted in triplicate, and the current form also allows secure-file submission)
2. Attend the hearing and obtain a termination and eviction order
3. Register the order with the Supreme Court of the NWT within six months after it takes effect
4. File an Affidavit of Non-compliance, the certified order, service proof, a court backer, and a completed Writ of Possession form
5. The Sheriff executes the Writ

This process takes time. But it is the process the Act provides. A landlord who bypasses it may face liability under the Act and potential civil liability to the tenant for damages caused by the unlawful eviction.

Protect Yourself by Following the Process

The irony of self-help eviction is that it usually makes the landlord's legal position worse, not better. A tenant who was subject to an illegal lockout can file their own application to the Rental Officer, seek reinstatement, and claim compensation. What could have been a straightforward termination becomes a contested dispute where the landlord is now the respondent.

For the lawful step-by-step process — from identifying your ground through Rental Officer hearing to Sheriff execution — see our NWT ending a tenancy guide.

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