Key Yukon Cases on Short-Term Rental Subletting

Short-term rental platforms like Airbnb and VRBO have changed the way some tenants in Yukon use their rental homes. But what are your rights if you’re considering subletting, or if your landlord challenges your use of a short-term platform? Understanding recent Yukon cases and the law can help you make informed decisions and avoid unexpected legal troubles.

Yukon's Legal Framework for Subletting and Short-Term Rentals

In Yukon, tenant and landlord relationships are governed by the Residential Landlord and Tenant Act.^[1] This Act explains what counts as a sublet, the steps for getting proper permissions, and what might happen if the rules are broken. Short-term rental subletting—where tenants rent their unit for days or weeks at a time—often raises unique questions under this law.

Defining Subletting vs. Assignment

• Subletting: The original tenant lets someone else (a subtenant) use the property for a set period. You remain responsible to the landlord.
• Assignment: The entire lease is transferred to a new tenant. You are no longer responsible under the lease.

With short-term rental subletting, the subtenant is usually a different person each time, often staying for only a few nights—a setup that triggers specific legal scrutiny.

Recent Yukon Rulings: What Tenants Need to Know

In recent years, the Yukon Residential Tenancies Office (“RTO”) has handled cases where landlords discovered tenants listing their units on Airbnb or similar platforms without permission and sought eviction or damages. While every case is unique, several themes have emerged from Yukon rulings:

• Tenants must obtain the landlord’s written consent before subletting, including for short-term rentals.
• Tenancy agreements often include clauses prohibiting commercial activity or sublets without permission. Breaking these may be cause for eviction.
• If you sublet on a short-term basis without approval, you may be required to end the tenancy, pay damages, or forfeit part of your security deposit.

Yukon’s RTO may consider the nature and frequency of rentals, impact on other tenants, and whether the tenancy agreement was clear about subletting restrictions. They typically expect tenants and landlords to resolve issues through honest communication before escalating legally.

Sample Case Summary

In one Yukon RTO case, a tenant listed part of their apartment on Airbnb without written consent. The landlord cited repeated sublets and disturbances. The RTO ruled the tenant violated the lease and the Residential Landlord and Tenant Act, approving the landlord’s request for early termination of tenancy.^[2]

Your Rights and Responsibilities as a Yukon Tenant

Tenants have the right to enjoy their rental and to sublet under certain circumstances, but responsibilities come first. Always check:

• Your written tenancy agreement for any special rules about subletting or short-term renting
• Whether you have the landlord’s written permission (verbal isn’t enough)
• If municipal rules allow the unit to be used for short-term rentals

Short-term rental disputes can sometimes affect your security deposit or lead to disagreements about Understanding Rental Deposits: What Tenants Need to Know. Know your obligations from the start to protect yourself and your deposit.

For a broad overview of your rights as a tenant in Yukon, review Tenant Rights and Landlord Rights in Yukon.

How to Handle Subletting Disputes or Questions

If you’re unsure whether your short-term rental plans are allowed, or if you’re facing a dispute:

• Talk to your landlord in writing and keep a record of all communications.
• Review your tenancy agreement for relevant clauses.
• Call or visit the Yukon Residential Tenancies Office (RTO).
• If necessary, use official forms to give notice or respond to landlord complaints (see below).

If the matter needs legal intervention, both tenants and landlords can apply to the RTO for dispute resolution. For a better understanding of general lease responsibilities and processes, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant Official Yukon Forms

• Form: Tenant Application
  When to use: To request the RTO’s help if you face an eviction or dispute about short-term subletting.
  How to use: Complete and submit it with details about your case.
  Official Tenant Application Form
• Form: Notice of Termination by Tenant
  When to use: If you decide to properly end your agreement—such as when your landlord won’t allow short-term subletting.
  How to use: Submit notice as required by the Act—usually 30 days.
  Official Termination Notice Form

FAQ: Short-Term Rental Subletting in Yukon

1. Can my landlord evict me for Airbnb or other short-term sublets?
   Yes. If you did not receive written consent from your landlord or violated your lease by subletting, you may face termination of tenancy by order of the Residential Tenancies Office (RTO).
2. What if my tenancy agreement doesn’t mention short-term rentals?
   Even if the lease is silent, the Residential Landlord and Tenant Act requires written landlord consent for any subletting. When in doubt, seek written permission.
3. Who handles tenant-landlord disputes in Yukon?
   The Yukon Residential Tenancies Office (RTO) provides information, receives applications, and issues rulings on disputes.
4. What official form do I use to dispute a landlord’s action against me for subletting?
   Submit a Tenant Application to the RTO detailing your situation and concerns.

Conclusion: Key Takeaways for Yukon Tenants

• Obtain written landlord consent before any subletting (including short-term rentals)
• Review your lease and Yukon’s rental laws to avoid unintentional violations
• The Residential Tenancies Office is your first stop for information and disputes

If you’re looking for new housing or thinking about moving, you can Find rental homes across Canada on Houseme—it’s a safe tool for browsing legal rentals in every province and territory.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office: Guides, forms, and dispute help.
• Yukon Legal Services Society (Free legal advice and resources)
• See Tenant Rights and Landlord Rights in Yukon for a full summary of local laws and your rights.

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1. Yukon Residential Landlord and Tenant Act: Read the full Act
2. See select Yukon Residential Tenancies Office decisions: RTO Decisions and Information

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