Yukon recently passed a new Residential Landlord and Tenant Act, which effectively replaces the section of the current legislation that relates to residential tenancies. The legislation has not yet gone into effect, and the information included in this fact sheet reflects the most current law. When the new Act becomes effective, as is expected later this year, this fact sheet will be updated accordingly.
Residential Tenancies Office
Residential premises, Mobile Home Sites
Week-to-week, month-to-month, annual
No. A rental agreement simply means an agreement between a tenant and a landlord for the occupancy of a residential property, whether the agreement is written oral, expressed or implied. If a rental agreement is written and signed, the tenant must receive a duplicate copy of the agreement within 21 days of the document being signed. In cases where the tenants signs a lease and delivers it to the landlord, the landlord has a total of 21 days to deliver a signed duplicate of the original document to the tenant.
No, but it is highly recommended.
The total amount for a deposit should not be any more than the first month of rent. A security deposit can be applied towards the last month of rent. The landlord must pay interest at the rate prescribed (it is set by Consumer Services on a semi-annual basis) on the security deposit either annually or 15 days after the tenancy is terminated, which comes first. A security deposit can be applied toward the payment of the last rental period under the lease. If a landlord and tenant have signed statements that detail the condition of the rental property at the time of move-in and move-out, the security deposit may be applied toward the repairing of any damage done to the property.
The requiring of key money is not illegal in the Yukon. The landlord must, however, disclose all fees and charges payable, in addition to the rent, to any prospective tenant before they enter into a lease.
After the rental agreement is made, the landlord cannot increase any fees or charges that are detailed in the rental agreement or impose any additional fees or charges without giving the tenant written notice of the increase or additional with a minimum of three months notice before the increase or addition goes into effect.
Landlords are not allowed to require post-dated cheques or other negotiable instruments to be used for payment of the rent. Landlords can request post-dated cheques but tenants are not obligated to provide them.
The Landlord and Tenant Act in the Yukon does not specifically cover automatic renewals.
The same notice periods apply to landlords and tenants alike:
With a tenancy agreement for a term of six months or more, a tenant has the legal right to assign or sublet the rental property. This is subject to the approval of the landlord and a valid reason must be given for denial of such a request.
It is against the law to increase rent during the first year of a tenancy agreement. Landlords are required to notify the tenant in writing three months prior to the date of the increase.
It is the responsibility of the tenant to pay their rent on time and on the date stated in the lease.
There are a number of reasons why a tenant can be evicted. The required notice period for eviction depends on the ground for the eviction. Some of the reasons for eviction include:
In the event that a tenant violates the lease in a significant way, the landlord may either:
A significant violation of the rental agreement includes a breach of responsibility of the tenant as detailed in the Act or a series of violations of a residential tenancy agreement, the cumulative effective of which is significant and highly detrimental. A tenant can object to an eviction notice by filing an application with the Landlord and Tenant Court.
The landlord is required to specify the time in which he or she will be entering the property with a written notice 24 hours in advance. Allowable entry times fall between 8 a.m. and 9 p.m.
Exceptions: The landlord has the right to enter: in the event of an emergency situation; with the consent of the tenant at the time of entry; to show the rental property to prospective renters or buyers after a notice of termination has been served, or in the event that the tenant abandons the property.
No. A tenant is required to pay the full amount of rent on the due date specified in the rental agreement each month.
This is not allowed without the consent of both parties. A landlord or tenant cannot, during occupancy of the rental property by the tenant, alter or cause to be altered the locking system giving entry to the rented property, except by mutual consent.
The Landlord and Tenant Act for the Yukon does not cover this particular issue.
Yes, if a no smoking or a no pets clause is present in the rental agreement and all tenants in the building are treated equally (in this case, nobody in the building is allowed pets) and there is a strict no-smoking policy in the building, tenants who violate these rules are committing a significant violation of the rental agreement and can be served with an eviction notice.
For general information about renting in Yukon contact:
Government of Yukon
Consumer Services (C-5)
307 Black St.
Toll-free: 1-800-661-0408, ext. 5111(within Yukon)
Yukon Housing Corporation
This organization links “families, communities and the housing industry with programs that offer access to adequate, suitable and affordable housing". Most of the valuable information targets social housing.
Department of Community Services
Landlord and Tenant Responsibilities
This information is a general summary of the Yukon Landlord and Tenant Act, outlining landlord and tenant responsibilities and where to go if you have a problem.
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.
410G Jarvis Street
In Whitehorse call 867-667-5106 or call toll free 1-800-661-0408, ext. 5759 for Yukon callers outside of Whitehorse.