A tenancy agreement can be oral, written, or implied.

• If it is written, it must be signed by both parties or their agents, and it can be in the form of a tenancy agreement set out in the regulations.

• If an oral or implied tenancy agreement is for a term greater than one year, it is deemed to be a tenancy agreement for one year only.

A tenancy agreement is deemed to be in writing when it has been signed by one party or their agent, given to the other party or their agent, and the landlord allows the tenant to take occupancy of the rental premises.

The agreement is also deemed to include the provisions of the form of a tenancy agreement set out in the regulations, and any provision that is inconsistent with the provisions of the form of the tenancy agreement set out in the regulations has no effect.

If a tenancy agreement is in writing, the landlord must provide a copy of the agreement signed by both the landlord and tenant within 60 days after it has been signed by the tenant and delivered to the landlord.

If the landlord fails to deliver a copy of the tenancy agreement, the tenant may pay the rent lawfully required on the subsequent dates specified by the agreement until the landlord complies with the delivery requirements.

Both the landlord and tenant can include additional rights and obligations in a written tenancy agreement, provided that they are not inconsistent with the law and regulations.

NWT RTA s.9-12