Yukon

Governing or Regulatory Body

  • Residential Tenancies Office

Name of Act / Regulations

Types of Housing/Living Arrangements Covered by the Legislation

Tenancy agreements, rental units and other residential property

Exclusions

  • Business property
  • Residences owned or operated by an educational institution for its students
  • Accommodations in which the tenant shares bathroom or kitchen facilities with the owner
  • Emergency shelters and transitional housing
  • Vacation and travel accommodations for periods not exceeding six months
  • Hospitals, community- or government-operated health centres, and residential care and treatment facilities
  • Residential accommodation owned by the Yukon Hospital Corporation under the Hospital Act for persons involved in the provision of medical or health services and programs
  • Group homes, out-of-home care (as defined in the Child and Family Services Act) and similar living accommodations provided, directly or indirectly, for persons with special needs by the Government of Canada, the Government of Yukon, a municipality or a First Nation
  • Correctional institutions and facilities for offenders being re-integrated into the community or on judicial interim release

Types of Rental Periods

Weekly, monthly or year-to-year

Is a signed lease required?

Yes. Landlords must provide a tenancy agreement that includes:

  • The correct legal names of the landlord and tenant
  • The address of the rental unit
  • The date the tenancy agreement is entered into
  • The address for service and telephone number of the landlord or the landlord’s agent
  • A telephone number the tenant may call in the case of emergencies
  • The date on which the tenancy starts
  • If the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis
  • If the tenancy is a fixed term tenancy, the date the tenancy ends and whether the tenancy may continue as a periodic tenancy or for another fixed term after that date, or whether the tenant must vacate the rental unit on that date
  • The amount of rent payable for a specified period, and if the rent varies with the number of occupants, the amount by which it varies
  • The maximum number of occupants permitted in the rental unit,
  • The day in the month, or in the other period on which the tenancy is based, on which the rent is due
  • The services or facilities that are included in the rent
  • The amount of any security deposit and the date the security deposit was or must be paid
  • A clear description of any parts of the residential property, other than the rental unit, that the tenancy agreement gives the tenant access to
  • The standard terms prescribed by regulation, which cannot be altered by agreement, and which are:
    • Condition inspections
    • Restrictions on the landlord’s right to enter the rental unit
    • Permitted fees
    • Prohibited fees
    • Plumbing and water supply
    • Locks
    • Repairs
    • Rent increases
    • Assignment and subletting
    • Ending the tenancy
    • A copy of the Schedule of Minimum Rental Standards from the regulation

The landlord must give the tenant a signed copy of the agreement within 21 days of entering into the agreement.

Is a signed move in/move out condition report required?

Yes. At the beginning and end of the tenancy, the landlord and tenant must inspect the premises together, and the landlord must complete a condition inspection report in accordance with the regulation. Both the landlord and tenant must sign the condition inspection report, and the landlord must give the tenant a copy of the report within 14 days (beginning of tenancy) and 7 days (end of tenancy) after the inspection is completed.

Deposits

The amount must not exceed the amount of one month’s rent, unless the tenancy is on a weekly basis, in which case, the amount shall not exceed one week’s rent. Deposits accrue interest calculated at the greater of the prime business lending rate reported by the Bank of Canada minus 2% or zero. At the end of the tenancy, all or part of the deposit plus interest may be applied, either by agreement or by order of the director of residential tenancies, to outstanding obligations or liabilities of the tenant. Any amount remaining must be returned to the tenant within 15 days of the end of the tenancy, or of the tenant providing the landlord with his or her forwarding address, whichever is later. The deposit may be retained by the landlord if the tenant fails to participate in the final inspection after the landlord has, in good faith, offered the tenant two opportunities to do so or if the tenant fails to provide a forwarding address within six months of moving out.

Key Money

Requiring key money is illegal.

Post-dated Cheques

A landlord must not demand, receive or collect from a tenant or from any person on behalf of a tenant, an amount of money to be used by the landlord to pay rent that becomes due in the future.

Renewal of a Lease Term

A lease for a fixed-term tenancy must state whether the tenancy may continue as a periodic tenancy or for another fixed term after its termination date, or whether the tenant must vacate the rental unit on that date. If the tenancy agreement does not require the tenant to vacate the rental unit on the date of termination and if the landlord and tenant do not enter into a new tenancy agreement, the tenancy agreement will be considered to have been renewed as a month-to-month tenancy on the same terms.

Terminating a Tenancy (Lease): Notice and Timing

All notices must be in writing, be signed and dated by the person giving notice, give the address of the rental unit, and state the effective date of the notice. If the tenancy is being ended for cause or because the landlord wants to use the premises for another purpose, the notice must state the grounds for ending the tenancy. If the notice is given by the landlord, it must be in the approved form.

For Tenants

A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is not earlier than one week after the date the landlord receives the notice for a weekly tenancy, not earlier than three months after the landlord receives the notice for a yearly tenancy, or not earlier than one month after the date the landlord receives the notice for any other tenancy. Notice must be given the day before the date rent is due under the tenancy agreement. If the landlord fails to comply with a material term of the tenancy agreement, the tenant may terminate with 14 days’ notice, but the landlord must be given an opportunity to correct the situation if it is able to be corrected.

For Landlords

Except for mobile home site tenancies, a landlord may end a periodic tenancy by giving the tenant notice to end the tenancy effective on a date that is not earlier than one week after the date the tenant receives the notice for a weekly tenancy, not earlier than three months after the tenant receives the notice for a yearly tenancy, or not earlier than one month after the date the tenant receives the notice for any other tenancy. Notice must be given the day before the date rent is due under the tenancy agreement. The tenant may dispute the notice to end the tenancy by making an application for dispute resolution within 10 days after the date the tenant receives the notice.

In the case of condominium conversion, a landlord must give six months’ notice to the tenant that the landlord is ending the tenancy so that the rental premises may be sold as a condominium. Notice must be given the day before the date rent is due under the tenancy agreement. The tenant has the right to dispute the notice by applying for dispute resolution within 10 days after receiving the notice.

A landlord may end a periodic tenancy in a mobile home site by giving the tenant notice to end the tenancy effective on a date that is not earlier than 12 months after the date the tenant receives the notice, which must be given on the day before the date rent is payable under the tenancy agreement. The Landlord may not end the tenancy in the months of December, January or February. A tenant may dispute the notice to end the tenancy by making an application for dispute resolution within 10 days after the date the tenant receives the notice.

If the landlord is ending the tenancy because the landlord intends to convert all or a significant part of a mobile home park to a non-residential use or a residential use other than a mobile home park, notice must be given on a date that is not earlier than 18 months after the date the tenant receives the notice, which must be given on the day before the date rent is due under the tenancy agreement. The tenancy cannot end in the months of December, January or February. The landlord must have all the necessary permits and approvals required by law for the conversion when notice is given. The tenant has the right to dispute the notice by applying for dispute resolution within 10 days after receiving the notice.

Assignments and Sublets

A tenant has the right to assign or sublet the rented premises subject to the consent of the landlord, and consent shall not be arbitrarily or unreasonably withheld. Tenants must give one month’s notice to the landlord of an assignment or sublet. Notice must be given the day before the date rent is due.

Rent Increases: Notice and Timing

Rent increases are not allowed during the first year of a tenancy agreement or during the year following a previous increase. Landlords must notify the tenant in writing three months prior to the date of an increase.

A mobile home site tenant may treat a notice of rent increase as termination of the tenancy by notifying the landlord in writing within 30 days. If the tenant treats the notice of rent increase as a notice to end the tenancy, the notice takes effect in the twelfth month following the month in which the tenant receives the notice of rent increase on the day before the date that rent is payable under the tenancy agreement. If that date is in December, January or February, the notice takes effect on the first day of the following March.

Late Rent Payments

The tenant has the responsibility of paying the rent when it is due as stated in the rental agreement.

Evictions

A landlord may end a tenancy with 14 days’ notice to the tenant in the following circumstances:

  • The tenant does not pay the security deposit within 30 days of the date it is required to be paid under the tenancy agreement.
  • The tenant is repeatedly late paying rent.
  • There are more than the maximum number of occupants permitted living in a rental unit.
  • The tenant or a person permitted on the residential property by the tenant has significantly interfered with or unreasonably disturbed another tenant or occupant of the residential property or the landlord or a person in an adjacent property, seriously jeopardized the health or safety or a lawful right or interest of another tenant or occupant of the residential property or the landlord or a person in an adjacent property, or put the landlord’s property at significant risk.
  • The tenant or a person permitted on the residential property by the tenant has engaged in offensive or illegal activity that has caused or is likely to cause damage to the landlord’s property, has adversely affected or is likely to adversely affect the quiet enjoyment, security, safety or physical well-being of another tenant or occupant of the residential property or the landlord or a person in an adjacent property, or has jeopardized or is likely to jeopardize a lawful right or interest of another tenant or occupant of the residential property or the landlord or a person in an adjacent property.
  • The tenant or a person permitted on the residential property by the tenant has caused extraordinary damage to the residential property.
  • The tenant does not cause damage to the residential property caused by the tenant or a person permitted on the residential property by the tenant to be repaired within a reasonable time.
  • The tenant has failed to comply with a material term of the tenancy agreement and has not corrected the situation within a reasonable time after the landlord has given written notice to do so.
  • The tenant attempts to assign the tenancy agreement or sublet the rental unit without first obtaining the landlord’s written consent.
  • The tenant knowingly gives false information about the residential property to a prospective tenant or purchaser.
  • The rental unit must be vacated to comply with an order of an authority appointed under an Act of the Territory of Yukon, an Act of Parliament, or a bylaw of a municipality or of a prescribed authority;
  • The tenant has not complied with an order of the director of residential tenancies within 30 days of the later of the date the tenant receives the order or the date specified in the order for the tenant to comply with the order.

The notice must be in writing, be signed and dated by the landlord, give the address of the rental unit, state the effective date of the notice, state the grounds for ending the tenancy, and be in the approved form.

The landlord must give the tenant a reasonable period to correct the situation if it is capable of being corrected.

A tenant may dispute the notice to end the tenancy by making an application for dispute resolution within five days after the date the tenant receives the notice.

Fine Points

Permitting Landlord Entry to the Premises (Times and Reasons)

The landlord must first specify an entry time in a written notice and give it to the tenant at least 24 hours, but no more than seven days, before the entry time. Allowable entry times are between 8 a.m. and 8 p.m. Exceptions: The landlord has the right to enter with the consent of the tenant, to provide housekeeping or related services under the terms of the tenancy agreement, pursuant to an order of the director of residential tenancies, in the case of emergency when entry is necessary to protect life or property, or if the tenant reasonably appears to have abandoned the rental unit.

May the tenant withhold rent for repairs?

No. The tenant is required to pay the rent in full on the day it is due.

Changing Locks

A landlord or tenant must not, during occupancy of the rented premises by the tenant, alter or cause to be altered the locking system giving entry to the rented premises, except by mutual consent. The landlord’s consent must be in writing.

Pets and Smoking

May a landlord refuse to rent to a tenant who has pets?

Landlords can decide if they will allow pets and restrict the size, kind or number of pets. The landlord can set pet-related fees and rules that the tenant must follow. Agreements about pets should be included in the tenancy agreement.

May a landlord include a no-smoking clause in the lease?

Yes.

If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant?

Yes, if a no smoking or a no pets clause is in the tenancy agreement and all tenants in the building are treated equally (that is to say that no one is allowed pets and there is a no smoking policy throughout the building), tenants breaking these rules would be committing a substantial breach of their lease and an eviction notice would be justified.

Resources

Government of Yukon
Department of Community Services
A government department that provides information and assistance for landlords and tenants
http://www.community.gov.yk.ca/
307 Black St.
Whitehorse, YT
Y1A 2N1 Toll-free: 1-800-661-0408, ext. 5111(within Yukon)
Tel.: 867-667-5111
Fax: 867-667-3609

Yukon Residential Tenancies Office
Regulatory body under the Residential Landlord and Tenant Act.
Publishes the Residential Tenancy Handbook.
307 Black Street, 1st Floor
P.O. Box 2703 C-7
Whitehorse, YT Y1A 2C6
Tel: 867-667-5944
Toll-free 800-661-0408 ext. 5944
Fax: 867-393-6317
Email: rto@gov.yk.ca; rto.gov.yk.ca

Yukon Housing Corporation
A corporation that owns and rents affordable housing units throughout Yukon and administers the Government of Yukon’s rural staff housing program
www.housing.yk.ca/

Social Housing
Information on the social housing program, which is available to individuals, families and seniors "in need" who cannot secure affordable, adequate and suitable housing on the private housing market.
www.housing.yk.ca/shp.html
In Person:
410G Jarvis Street
Whitehorse, Yukon
Y1A 2H5
Mailing Address:
Box 2703
Whitehorse, Yukon
Y1A 2C6
Tel.: 867-667-5712 (In Whitehorse)
Toll Free: 1-800-661-0408, ext. 5712 ( outside of Whitehorse).
Email: ykhouse@gov.yk.ca

 

Canada

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