How can a lease be terminated in the Yukon Territory?

A tenant may not give notice during a fixed term lease, only at the end of the term. Fixed term leases expire automatically. The end of a fixed term is a valid reason for the landlord to terminate the tenancy. Otherwise, a landlord may only terminate a tenancy for specified reasons as set out in the legislation. The same notice periods apply to both landlords and tenants:

* For a year-to-year tenancy, a minimum of 90 days notice is required. The notice to terminate must be given to the landlord by the 90th day before the last day of the year in which the tenancy will end. The end of the lease term is a valid reason for the landlord to terminate the tenancy, without substantial breach. Once proper notice has been given, the tenancy will end on the last day of the year. Landlords may give a 14-day eviction notice for breach of the agreement or termination by application to a judge.

* For a weekly tenancy, a minimum of 1 week's notice is required. The notice to terminate must be given to the landlord by the last day of the week prior to the week in which the tenancy will end. Once proper notice is given, the tenancy will end on the last day of the week which follows the notice.

* For a monthly tenancy, a minimum of 1 month's notice is required. The notice to terminate must be given to the landlord by the last day of the month prior to the month in which the tenancy will end. Once proper notice is given, the tenancy will end on the last day of the month that follows. For example, a tenant who plans to end a tenancy on October 31 must give the landlord a notice of termination by September 30. * For a tenancy in relation to a mobile home site, a minimum of 12 month's notice is required. The notice to terminate must be given to the tenant on or before the last day of the month that is twelve months prior to the month when the tenancy will terminate. Once proper notice is given, the tenancy will end on the last day of the 12th month following the month in which the notice was given. The mobile home site tenancy shall not terminate in the month of December, January or February.

How can a landlord evict a tenant?

Where a tenant commits a substantial breach of the tenancy agreement, the landlord may either apply to a judge for an order terminating the tenancy, or terminate the tenancy by giving a 14-day written notice of termination to the tenant, stating the effective date of the termination and the details of the alleged substantial breach.

A substantial breach includes a breach of responsibility of the tenant as set out in the Act or a series of breaches of a residential tenancy agreement, the cumulative effect of which is substantial.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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