Nunavut security deposits and 50% instalment rule

Paying the deposit

For a non-weekly tenancy, a tenant can pay 50% at commencement and the balance within three months. Subsidized public housing or employer-provided accommodation may use market-rent calculations.

Section 14 generally caps a weekly-tenancy deposit at one week’s rent and other tenancy deposits at one month’s rent. Section 14(5) also prohibits requiring a separate first- or last-month’s-rent deposit or additional deposit beyond the statutory security deposit. Older pre-February 1988 agreements and subsidized or employer housing can require special analysis.

Move-in condition record

The statute requires a condition document in relevant deposit cases. Keep the signed inspection record and supporting photographs.

Section 15 requires both landlord and tenant to sign a statement of the premises’ condition and contents when a security deposit is requested at the start of the tenancy. The landlord must deliver a signed copy when receiving all or part of the deposit.

Getting it back

The Act usually requires return of the deposit plus interest and an itemized account within ten days after vacancy, subject to lawful claim processes.

If damage or rent arrears are claimed, section 18(3) generally requires the landlord within ten days of vacancy to notify both the tenant and a Rental Officer of the proposed withholding, provide itemized accounts, and return the balance with interest.

Where repair costs cannot yet be determined, section 18(4) requires an estimated itemization and estimated balance within ten days, with a final itemization and balance within 30 days of vacancy. These are conditional repair-accounting provisions, not a blanket extension for all deposits.

Pet and other money

Check current provisions before paying or demanding any other deposit; a security deposit calculator cannot establish all special charges.

Example: deposits and a disputed deduction

At $1,900 monthly rent, the ordinary statutory one-month cap would be $1,900 for a tenancy to which the standard rule applies. Under the described instalment provision, $950 could be paid at the start and $950 within three months. If the landlord later claims $275 for damage, the tenant should ask for the written itemization and compare the condition statement signed at move-in with photographs of the unit at move-out.

Under the provisions summarized above, a landlord claiming to withhold amounts must notify the tenant and Rental Officer and account for the amount within the statutory ten-day period. An unresolved repair estimate does not remove the requirement to provide an initial account, and the conditional thirty-day final accounting is not a blanket delay for every deduction.

Keep deposit receipts, the signed condition record, notices, bank records, dated photographs and a forwarding contact. Because this guide's legislative copy has not been checked beyond May 2024, confirm the applicable text with the Nunavut Rental Office before relying on a deadline or calculation.