Applying with a Guarantor for Yukon Rentals: Legal Guide

Searching for rental housing in Yukon can be challenging, especially if you have limited or no rental history, low income, or are new to the territory. In these cases, landlords often request a guarantor on your rental application. This guide explains what a guarantor is, your rights and responsibilities, key legal protections, and how to use official processes under Yukon's Residential Landlord and Tenant Act.

What Is a Guarantor and Why Might You Need One?

A guarantor is a person (often a parent or close relative) who agrees to take on financial and sometimes legal responsibility if you are unable to pay rent or fulfill your rental obligations. Landlords may require a guarantor if you have little credit history, are a student, or are starting your first lease.

• The guarantor promises to cover rent or damages if you can't.
• They may need to undergo a credit check and provide financial documents.

Having a guarantor can make your application stronger, but both you and the guarantor should fully understand your commitments.

Legal Responsibilities and Tenant Rights in Yukon

Yukon residential tenancies are governed by the Residential Landlord and Tenant Act^[1]. Both tenants and guarantors have specific rights and obligations:

• Guarantors are usually responsible only for what is specifically stated in the agreement.
• Landlords cannot require a guarantor simply because of personal characteristics like age or ethnicity.
• Any requirement for a guarantor should be included in your written lease.
• Guarantors should receive a copy of the signed lease.

If you sign with a guarantor, both you and the guarantor may be notified if there are problems such as unpaid rent or damage to the unit.

How to Apply with a Guarantor: Steps & Official Forms

The application process usually works as follows in Yukon:

• Submit a rental application, noting you'll apply with a guarantor.
• Provide your guarantor's contact details and financial info as required by the landlord.
• Sign a Guarantor Agreement or add a guarantor clause to your lease. The landlord may supply this agreement, but it can be written or typed and must clearly state what the guarantor is responsible for.

Official Form to Use:
While Yukon does not have a single standard guarantor form, it is common to use a Guarantor Agreement as an addendum to the lease. Always ensure any agreement is in writing. For concerns about the wording, you can review the sample lease on the Yukon Residential Tenancy Agreement (HSS-Residential-Tenancy-Agreement) from the government here.

Key Rights for Tenants and Guarantors

• Neither you nor your guarantor can have new obligations added after signing unless both parties consent in writing.
• Yukon law protects tenants from discrimination in housing applications, including unlawful demands for a guarantor.
• If a landlord requires a rental deposit, learn more in Understanding Rental Deposits: What Tenants Need to Know.

Upon approval, both tenant and guarantor should receive signed copies of the lease and any related forms.

After Approval: What Happens Next?

Once you and your guarantor are approved:

• Move-in procedures are outlined in your lease agreement.
• Both you and the guarantor are responsible for upholding the terms while the agreement is in force.
• If your financial situation improves, you may request removal of the guarantor from the lease, but landlords must agree in writing.

Review your rights and tips for new renters in What Tenants Need to Know After Signing the Rental Agreement.

If Issues Arise: Resolving Problems and Seeking Help

The Residential Tenancies Office is Yukon’s official board to resolve tenancy disputes, including those about guarantor agreements. Typical issues can include disagreement on what the guarantor owes, improper demands, or housing discrimination.

• First, try written communication with the landlord to resolve the issue.
• If that fails, submit an application to the Residential Tenancies Office using their dispute resolution forms, available here.

If a notice of termination or eviction is issued, both tenant and guarantor should review their rights and respond quickly.

For a full overview of your rights as a renter, see Tenant Rights and Landlord Rights in Yukon.

For a broader look at rental options across Canada, Find rental homes across Canada on Houseme.

FAQ: Applying with a Guarantor in Yukon

1. Do all landlords require a guarantor in Yukon?
   No, not all landlords require one. Requests are usually based on rental history, credit, or income.
2. Can my guarantor be anyone?
   A guarantor is typically an adult who is financially stable and resides in Canada. Many landlords prefer family members.
3. What happens if neither I nor my guarantor can pay the rent?
   The landlord may apply to the Residential Tenancies Office for debt recovery or to end the tenancy. This can affect both parties’ credit and legal status.
4. How can I remove a guarantor from my lease?
   After demonstrating stable payments and credit, you may ask the landlord to remove your guarantor, but this change requires their written agreement.
5. Where can I get advice if I'm unsure about a guarantor agreement?
   Contact the Residential Tenancies Office or a Yukon tenant support group for guidance. They can review agreements or help with disputes.

Key Takeaways for Yukon Tenants Applying with a Guarantor

• Always get guarantor agreements in writing with clear terms.
• Ask questions and seek help if you are unsure about legal responsibilities.
• Know your rights under the Residential Landlord and Tenant Act.

Understanding the process protects both you and your guarantor and sets you up for a successful tenancy.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office — Inquiries and dispute resolution, including about guarantors
• Yukon Public Legal Education Association: Tenant legal information and support
• Yukon Sample Residential Tenancy Agreement

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1. Residential Landlord and Tenant Act (Yukon)
2. Sample Residential Tenancy Agreement (Yukon, HSS)

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