Disputing Arrears or Back Rent: A Guide for Yukon Tenants

Falling behind on rent, known as entering arrears or owing back rent, can be stressful for tenants in Yukon. If your landlord claims you owe past rent, it's important to know your legal rights and to understand how to dispute arrears or negotiate a solution under Yukon's residential tenancy laws.

Understanding Rent Arrears in Yukon

Rent arrears, often called back rent, means unpaid rent that has accumulated. Under the Residential Landlord and Tenant Act (Yukon)1, tenants are generally required to pay rent in full and on time. But sometimes, honest mistakes or disputes about the amount can happen.

Common Reasons for Rent Arrears Disputes

  • Disagreement about how much rent is owed
  • Landlord not issuing proper receipts or records
  • Unresolved maintenance or repair issues impacting rent payments
  • Confusion stemming from prior payment arrangements

Resolving these issues quickly can protect your tenancy and help maintain a positive landlord-tenant relationship. For more on your payment rights and responsibilities, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

What to Do If You Receive a Notice for Rent Arrears

If your landlord claims you owe back rent, they might issue a written demand for payment or even file for eviction or a monetary order. Stay calm – you have options to respond and dispute the claim if you believe it's wrong.

Key Steps for Tenants

  • Review your payment records, receipts, and bank statements for accuracy.
  • Ask the landlord for a written statement showing which rent remains unpaid.
  • Communicate any discrepancies in writing. Keep copies of all correspondence.
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How to Dispute a Landlord’s Back Rent Claim in Yukon

Yukon’s Residential Tenancies Office (RTO) handles disputes about rent arrears between tenants and landlords. Tenants can apply to the RTO for an official dispute resolution if negotiation with the landlord doesn’t resolve the issue.

Filing an Application with the Residential Tenancies Office

To start a dispute regarding rent arrears, tenants should use the following form:

  • Application for Dispute Resolution
  • Application for Dispute Resolution (Form)
  • Use this form to challenge a landlord’s claim or eviction notice due to alleged arrears. Clearly state why you disagree, attach supporting documents (payment proof, communications, etc.), and submit it to the RTO within the stated deadline on your notice.

Example: If your landlord claims you missed two months' rent but you have receipts, attach them to your application and explain your position in detail. The RTO will schedule a hearing to review both sides.

Missing the dispute deadline can result in default orders against you. Act promptly if you receive any notice regarding arrears.

Your Rights and Legislation

Tenants are protected under the Residential Landlord and Tenant Act (Yukon). This act sets out the rights of tenants and landlords regarding payments, evictions, and dispute processes. For additional details covering your general tenancy rights in the territory, visit Tenant Rights and Landlord Rights in Yukon.

These protections are designed to ensure both parties receive a fair hearing and the opportunity to resolve matters without unnecessary hardship.

Paying Rent During a Dispute

Unless the RTO says otherwise, tenants must still pay ongoing rent while a dispute about arrears is being processed. Late or non-payment during this time may weaken your case.

Tips for Preventing Future Arrears Disputes

  • Always request and keep rent receipts
  • Record all communications about rent in writing
  • Understand your rental agreement and any payment policies
    (For more on your rights after signing your lease, read What Tenants Need to Know After Signing the Rental Agreement.)
  • Contact your landlord early if financial challenges arise

Being proactive with documentation and communication helps avoid misunderstandings and protects your rights as a tenant.

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Frequently Asked Questions

  1. What should I do if my landlord claims I owe rent, but I have paid?
    Gather receipts or bank records showing the payments and communicate with your landlord in writing to clarify the records. If an agreement can’t be reached, file an Application for Dispute Resolution with the RTO.
  2. How quickly must I respond to an eviction or arrears notice?
    Respond promptly. Deadlines are usually stated in the notice, often 5 to 10 days. Missing the deadline can lead to a default decision against you.
  3. Will my landlord evict me right away for back rent?
    No. Your landlord must follow proper legal procedures and file with the RTO if you dispute the arrears. This includes a dispute hearing where you can present your side.
  4. Can I pay partial rent if I am disputing part of the arrears?
    You should continue to pay your ongoing rent. Discuss and document any partial payments clearly. The RTO will sort out any disputed amounts.
  5. Is legal representation required at the RTO hearing?
    No, legal representation is optional. The process is designed for tenants and landlords to represent themselves, but advocacy groups or legal aid may be able to help.

Key Takeaways for Tenants

  • Act promptly if you receive a back rent or arrears notice in Yukon.
  • Collect and keep all payment proof, and respond in writing.
  • Use the RTO’s dispute resolution process if you disagree with your landlord’s claim.

Early action and documentation are your best allies in rent arrears disputes.

Need Help? Resources for Tenants

  1. Residential Landlord and Tenant Act (Yukon)
  2. Residential Tenancies Office (Yukon)
  3. Application for Dispute Resolution - Official Form

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