Emergency Eviction Rights: What Yukon Tenants Need to Know
Facing an emergency eviction can be overwhelming, especially in Yukon, where the rules and your rights may differ from other provinces. Knowing what steps to take and where to find help is essential for every tenant.
What is an Emergency Eviction in Yukon?
In Yukon, most evictions follow a formal notice process regulated by the Residential Landlord and Tenant Act. However, under certain circumstances, landlords can apply for an emergency order to end a tenancy much faster. These situations are rare and typically involve threats to health, safety, or serious property damage.
- Serious health or safety risk: Where the tenant has caused, or is likely to cause, harm to people or the property.
- Significant property damage: If continued occupancy risks major destruction of the rental unit.
Landlords must apply for an immediate order through the official tribunal—they cannot evict a tenant on the spot.
Which Tribunal Handles Emergency Evictions in Yukon?
The Yukon Residential Tenancies Office (RTO) manages all tenancy disputes, including emergency eviction applications. The RTO reviews urgent applications and can order a tenancy to end with less than the usual notice if justified.
Legal Process and Relevant Legislation
Emergency evictions in Yukon are governed by the Residential Landlord and Tenant Act (Yukon).[1] While the general rule is that notice of ending tenancy must be provided, there are exceptions in sections dealing with immediate threats or damages.
When Can a Landlord Apply for Emergency Eviction?
- If a tenant poses an immediate risk to health or safety of others.
- If tenant activity could cause serious and rapid property damage.
- If court or police authorities recommend urgent action.
For standard issues, like late rent or minor damage, routine eviction rules and notices apply. For those, see Common Issues Tenants Face and How to Resolve Them.
What Notice is Required?
In emergency cases, Yukon landlords do not have to provide the usual written notice. Instead, they must:
- Apply to the Yukon Residential Tenancies Office for an emergency order.
- Present evidence of immediate risk or damage at a hearing.
- If the RTO agrees there is a valid emergency, they can issue an order for the tenant to vacate within as little as 24 hours.
Official Forms: Emergency Applications
If you are served an emergency eviction order, you may wish to respond quickly. The relevant forms include:
- Application for Order of Possession (Form 1A): Used by landlords to apply for emergency possession of the unit.
Official source: Yukon Government Order of Possession Form.
Example: A landlord submits this if a tenant has caused a fire threat by tampering with smoke alarms. - Response to Application (Form 2): Tenants can use this form to respond to the application or challenge the order at the hearing.
Official source: Yukon Government Response to Application Form.
Example: If you disagree with the claimed emergency, submit this form to the RTO promptly before the hearing.
It’s critical to act quickly—your hearing could be set within 1 business day. Prepare all documents, details, and supporting evidence (photos, correspondence, witness statements) before the RTO hearing.
Tenant Rights and Protections in Emergency Evictions
Even in emergencies, tenants have important rights:
- Right to receive notice of the application and hearing.
- Right to attend the hearing (in person, phone, or video) and present your side.
- Right to appeal the RTO's decision within a limited time.
- Landlords must follow legal process—self-help evictions (changing locks, removing belongings without order) are illegal.
If you are worried about health or safety concerns in your unit, and need emergency repairs or landlord intervention, review Emergency Situations and Repairs: Tenant Rights and Responsibilities.
After an Emergency Eviction
If an emergency order is granted, you may have very little time to move out. The RTO order will state your deadline and any further instructions. Make sure to:
- Remove your belongings promptly.
- Return keys and provide a forwarding address for communications.
- Request documentation from the landlord regarding your security deposit and any claims.
Tips for a smooth exit are covered in Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.
For More Details on Yukon Tenant Rights
For a full breakdown of your rights as a renter, see Tenant Rights and Landlord Rights in Yukon.
If you are looking for another rental in the new area, you can Browse apartments for rent in Canada to find a safe, affordable new home as you navigate this transition.
Frequently Asked Questions
- Can a landlord evict a tenant immediately in Yukon?
Only if an emergency order is granted by the Residential Tenancies Office. Landlords must apply and prove a genuine immediate risk or serious property damage. - Do I get a hearing before I am evicted for an emergency?
Yes, tenants have the right to receive notice and participate in a hearing before the RTO grants an emergency eviction. - What should I do if I disagree with an emergency eviction claim?
Complete the "Response to Application" form and submit evidence at the hearing. Legal help or advocacy services may also assist. - How quickly do emergency evictions take effect in Yukon?
Emergency orders can require tenants to move out in as little as 24 hours after a hearing and formal RTO decision. - Is my security deposit affected after an emergency eviction?
Your deposit can only be withheld for damages or unpaid rent, not as a penalty. Be sure to document the state of the unit on departure.
Key Takeaways for Yukon Tenants
- Emergency evictions require formal process and RTO approval—landlords cannot remove tenants themselves.
- Respond to emergency applications quickly and gather all relevant evidence for your hearing.
- Know your right to appeal, and seek advice or support if you are unsure about your situation.
Understanding the legal process helps protect your rights and prepares you for urgent situations.
Need Help? Resources for Tenants
- Yukon Residential Tenancies Office: (867) 667-5944 | tenancy.office@yukon.ca - Information, forms, and dispute resolution.
- Government of Yukon – Renting in Yukon: Overview on tenant and landlord responsibilities.
- Local tenant advocacy organizations or legal clinics can offer free or low-cost advice for urgent eviction cases.
Related Articles
- Legal Reasons for Eviction in Yukon: A Tenant’s Guide
- Steps for Yukon Tenants Facing an Eviction Notice
- Yukon Eviction Process: Timeline and Tenant Rights
- Tenant’s Guide: Fighting an Eviction in Yukon
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- Appealing an Eviction Order in Yukon: Tenant Guide
- Tips to Avoid Eviction as a Tenant in Yukon
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