Appealing an Eviction Order in Yukon: Tenant Guide

Receiving an eviction order in Yukon can be stressful, but tenants do have rights and options. This guide explains how to appeal an eviction order issued by the Yukon Residential Tenancies Office, which oversees rental disputes. We cover the necessary forms, the appeal process, and practical steps you can take to protect your home.

Understanding Eviction Orders in Yukon

In Yukon, landlords can apply for an eviction order through the Residential Tenancies Office (RTO). An eviction order (sometimes called an Order of Possession) is a legal document that instructs a tenant to leave their rental unit by a specific date. If you disagree with an eviction order, you may have the right to appeal.

Your Right to Appeal an Eviction Order

Tenants in Yukon have a limited period to appeal an eviction order. Acting quickly is crucial to preserve your rights and avoid losing your home. The appeal process provides an opportunity to have your side heard and ensure the eviction is justified and procedurally fair.

Grounds for Appeal

Common reasons tenants appeal include:

• Incorrect notice procedures by the landlord
• Disagreement with facts or evidence presented at the hearing
• New evidence that was not available previously
• Errors by the Residential Tenancies Office in issuing the order

How the Appeal Process Works

The process for appealing an eviction order in Yukon is outlined in the Residential Landlord and Tenant Act (Yukon)^[1]. Tenants must act quickly, as strict deadlines apply.

Step 1: Review the Eviction Order

Read the eviction order carefully. Note the date, reasons, and any instructions provided by the Residential Tenancies Office.

Step 2: File an Application for Review (Appeal Form)

You must complete the Application for Review form within 10 days of receiving the eviction order. This form is available from the Government of Yukon: Application for Review of an Order. Submit it with a clear explanation of why you believe the order was wrong or unfair.

• Form Name: Application for Review of an Order
• Where to Get It: Yukon.ca official site
• When to Use: Any time you want to challenge an eviction order or other decision of the Residential Tenancies Office
• How to Submit: In person, by mail, or by email to the Residential Tenancies Office. The form includes details of where to submit it.

Step 3: Attend the Review Hearing

Once your appeal is filed, the Residential Tenancies Office will schedule a review hearing. This is usually a new hearing where both you and your landlord can present evidence. Bring any new evidence or witnesses to support your position.

If you fail to attend the hearing, your appeal may be dismissed and the order will remain in effect.

Step 4: Await the Review Decision

After the review, the adjudicator will issue a new decision. If your appeal is successful, the eviction order may be overturned or changed. If not, you may be required to leave the unit by the specified date.

Important Deadlines and Practical Tips

• 10-Day Deadline: Appeals must be filed within 10 days of receiving the eviction order.
• Provide supporting documents such as lease agreements, communications, or photos.
• Stay in the unit unless the Residential Tenancies Office orders otherwise, but continue paying rent as usual.
• Communicate respectfully with your landlord and avoid confrontations.

Prepare thoroughly, as missed deadlines or lack of evidence could mean losing your appeal.

What Happens After an Appeal?

The review decision of the Residential Tenancies Office is usually final. In rare cases, additional appeals may be possible through the courts, but this is a complex legal process and requires strong grounds.

It's helpful to understand your obligations both during and after the rental agreement process. For more detail on your rights and what to expect, see Tenant Rights and Landlord Rights in Yukon.

For tenants planning their next move or searching for a new place, you can Find rental homes across Canada on Houseme with convenient search tools.

Related Issues: Tenancy Rights & Landlord Obligations

Evictions often relate to issues such as unpaid rent, lease violations, or property condition concerns. To understand more about tenant and landlord responsibilities, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Frequently Asked Questions About Eviction Appeals in Yukon

1. How long do I have to appeal an eviction order in Yukon?
   You have 10 days from when you receive the eviction order to file an appeal with the Residential Tenancies Office.
2. Where do I file my Application for Review?
   Submit your application to the Yukon Residential Tenancies Office, either in person, by mail, or by email. Details are provided on the form.
3. Can I stay in my unit during the appeal?
   Yes, unless the order specifically states otherwise. Continue fulfilling your obligations (such as rent payments) during the appeal process.
4. Do I need a lawyer to appeal an eviction order?
   No, but legal advice or assistance from a tenant support service can be helpful to prepare your case.
5. What happens if I lose my appeal?
   If you lose your appeal, you must follow the requirements of the eviction order. Ignoring the order can result in legal enforcement by law authorities.

Conclusion: Key Takeaways for Yukon Tenants

• Act quickly—appeals must be filed within 10 days.
• Use the official Application for Review form and provide all relevant evidence.
• Stay informed about your rights and obligations as a tenant during the process.

Appealing an eviction order can help protect your home and ensure fair treatment. Preparation and timely action are your best tools.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office – Official forms, appeal information, and tenancy dispute resolution
• Yukon Government Tenant Rights – Tenant protection information, forms, and guidance
• Legal Aid Yukon: legalaid.yk.ca – Free or low-cost legal assistance for eligible tenants
• Tenant support and advocacy can also be found through community legal clinics or housing help centres in Yukon communities.

1. Residential Landlord and Tenant Act (Yukon)
2. Yukon Residential Tenancies Office – Dispute Resolution
3. Application for Review of an Order (Government of Yukon)