What You Should Know About Termination of Tenancy
The Residential Tenancies Act sets out the various ways in which a tenancy agreement between a landlord
and tenant may be legally terminated.
Tenant’s Notice to Terminate
Month-to-month or week-to-week tenancy agreements (periodic agreements) can be legally
terminated by a tenant on the last day of a rent period by the tenant giving written notice to the
landlord at least;
• seven days before the termination date stated in the notice for weekly tenancies,
• thirty days before the termination date stated in the notice for monthly tenancies which have
continued for less than twelve months, and
• sixty days before the termination date stated in the notice for monthly tenancies which have
continued for twelve months or more.
Tenancy agreements for a fixed term can only be terminated by the tenant on the last day of the
term by giving written notice of at least 30 days before the termination date.
Termination by Order of the Rental Officer
Either landlord or tenant may make an application to a rental officer to terminate a tenancy agreement.
The Residential Tenancies Act sets out the circumstances under which termination may be sought
by either party. The most common are breaches by one of the parties such as non-payment of rent
by a tenant or failure to repair by a landlord. Others are based on circumstances such as the sale or
demolition of the premises or the change of use to something other than a rental property. Orders are
only issued after an application is made and a hearing has been held.
Mutual Agreement to Terminate a Tenancy Agreement
Regardless of the type of tenancy agreement or the length of time the agreement has been in place,
a landlord and tenant may always mutually agree to terminate the agreement. Such an agreement must
be in writing.
Landlord’s Notice to Terminate - Only NWT Residence
When a landlord has rented his or her only residence in the NWT, they may give written notice to
the tenant in the same manner as the tenant would be required to give the landlord notice of
termination. This only applies when the landlord previously used the rental premises as his or her
residence and there is only one rental premises in the building.
Termination of Tenancy Agreements Which are a Benefit of Employment
When a rental premises is provided as a benefit of employment, the tenancy agreement is terminated
on the same day as the employment is lawfully terminated. The tenant must vacate the rental premises
within one week during which no rent or compensation can be demanded.
Security of Tenure
Term tenancy agreements are automatically renewed on a month to month basis on the expiry date
unless the landlord and tenant sign another term agreement, mutually agree to terminate, or the tenant
has given appropriate written notice to the landlord to terminate.
Security of tenure provisions do not apply to:
• public housing,
• premises provided by an employer to an employee as a benefit of employment, or,
• where the building has only one rental premises and was the only residence of the landlord
in the NWT.
This is provided as information only and is not a statement of law. If you have any questions concerning
termination or other landlord/tenant issues, contact the Rental Office at 920-8047 (in Yellowknife) or
toll-free at 1-800-661-0760.