Eviction for Alleged Damages: Yukon Tenant Rights Explained

If you’re renting in Yukon and your landlord says you’re being evicted for causing damage, it’s important to know your rights and what steps you can take. Every tenant has protections under the Yukon Residential Landlord and Tenant Act, and official rules that landlords must follow for any eviction related to damages. Understanding your options helps you avoid unfair treatment and keep your home secure.

Understanding Eviction for Damages in Yukon

In Yukon, landlords can only evict tenants for damages if they have evidence the tenant caused serious harm to the rental property beyond normal wear and tear. Eviction is not automatic — both landlords and tenants have rights and responsibilities under the law.

• Normal wear and tear is not a valid reason for eviction.
• Landlords must provide written notice with specific details about the alleged damages.
• Tenants have the right to be heard, to repair the damages, or to dispute the notice.

For a complete overview of rights and responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Is Considered “Damage”?

Damage is any harm to the property that goes beyond ordinary use. This could include:

• Broken windows from negligence
• Large holes in walls that aren't wear and tear
• Permanently stained carpets due to tenant's actions
• Unauthorized removal of fixtures

Minor scuff marks or faded paint are not valid reasons for eviction.

The Eviction Process for Alleged Damages

Evictions for damages in Yukon must follow a formal process governed by the Yukon Residential Landlord and Tenant Act^[1]. The main steps typically include:

• Landlord serves a written Notice to Terminate for Cause (often called an Eviction Notice), stating the specific damages and required actions.
• Tenant has a chance to fix the problem or challenge the claims within the timeframe given (usually 14 days, unless urgent).
• If the tenant disagrees, either party may apply to the Residential Tenancies Office for a formal hearing.

If the damage is severe and makes the property unsafe, timelines may be shorter.

Required Forms and Where to Find Them

The Yukon Residential Tenancies Office requires landlords and tenants to use official forms for notice and disputes. The most common include:

• Form 7: Notice to Terminate for Cause
  This form is used by landlords to formally notify tenants that their tenancy is being ended for alleged damages. It must state what the damages are and what the tenant can do about it.
  Download the official Notice to Terminate for Cause (Form 7).
• Dispute Application Form
  If you disagree with the eviction or the alleged damages, you can request a hearing by submitting a Dispute Application Form to the Residential Tenancies Office. In your application, explain why you believe the eviction is unfair or the damages are not as claimed.
  Get the Tenant Application for Dispute Resolution.

How to Challenge an Eviction for Damages

Tenants have the right to dispute any eviction for damages. Here’s what you should do:

• Read the Notice to Terminate carefully — double check the details are accurate.
• If you agree something needs to be fixed, do it quickly and provide proof to your landlord.
• If you think the damages are exaggerated or false, respond in writing and submit a Dispute Application Form within the given period (usually 14 days).
• Gather evidence such as move-in photos, maintenance records, and any communication about repairs.
• Attend the hearing set by the Residential Tenancies Office and present your side of the story.

Learn more about documenting property conditions at move-in by reading the Guide to the Initial Rental Property Inspection for Tenants.

Security Deposits and Repairs

Landlords may use your security deposit to cover repair costs for proven damages, but cannot keep it for normal wear and tear. If the deposit is being withheld unfairly, you can apply for its return when moving out.

For further details, see Understanding Rental Deposits: What Tenants Need to Know.

Where to Get Support: Yukon Residential Tenancies Office

Eviction disputes and forms are handled by the official Yukon Residential Tenancies Office. This office manages rental disputes, offers advice, and ensures both landlord and tenant rights are protected throughout the process.

For complete information about tenant and landlord rights, visit Tenant Rights and Landlord Rights in Yukon.

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Frequently Asked Questions

1. Can my landlord evict me just for normal wear and tear?
   No. Landlords may only evict tenants for damages beyond ordinary, reasonable use of the property. Scuffed floors or faded paint are considered normal wear and tear — not grounds for eviction.
2. What should I do if I get an eviction notice for damages I didn’t cause?
   Respond in writing, gather evidence (such as move-in inspection reports and photos), and file a Dispute Application Form with the Residential Tenancies Office within the notice period.
3. Does my landlord have to use an official Yukon government form for eviction?
   Yes. All eviction notices for damages must be given on the correct official form (Form 7) for the notice to be valid.
4. Can my landlord keep my security deposit to pay for alleged damages?
   Only if damages are proven and are not normal wear and tear. Tenants can dispute the withholding of their deposit through the Residential Tenancies Office.
5. Where can I get help if I feel my eviction is unfair?
   Contact the Yukon Residential Tenancies Office or local tenant advocacy groups for guidance and support.

Summary: Key Takeaways for Yukon Tenants

• Evictions for damages must follow the law, and normal wear and tear is not a valid reason for eviction.
• Tenants have the right to dispute eviction notices and should keep records and evidence.
• If you feel your rights are being ignored, contact the Yukon Residential Tenancies Office early.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office – Information, forms, and contact details for all tenancy matters in Yukon
• Legal Aid Yukon: Free or low-cost legal help for tenants — visit legalaid.gov.yk.ca
• See Tenant Rights and Landlord Rights in Yukon for a full summary of your protections and obligations

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1. Yukon Government, Residential Landlord and Tenant Act
2. Yukon Residential Tenancies Office, Official Residential Tenancies Page
3. Residential Tenancy Forms, Notice and Dispute Forms

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