What types of rental accommodations are covered by Yukon legislation governing residential tenancies?

The territory's Landlord and Tenant Act (Part 4 Residential Tenancies) governs the rental of residential premises and mobile home sites.

What types of rental periods are provided for in the legislation?

Rental periods can be weekly, monthly or year-to-year.

Is it necessary to have a written lease?

No. A tenancy agreement means an agreement between a tenant and a landlord for possession of residential premises, whether the agreement is written or oral, express or implied. Where a written agreement is executed by a tenant, the landlord shall ensure that a fully executed duplicate original copy of the agreement is delivered to the tenant within 21 days after its execution and delivery by the tenant.

A signed move-in / move-out checklist is not required.

Can the landlord charge a deposit?

Yes, the landlord may charge a security deposit of not more than 1 month's rent. A security deposit can be applied toward the last month's rent. The landlord must pay interest on the security deposit at the rate set by the Territory, either annually or 15 days after the tenancy is terminated, whichever is earlier. Where a landlord and tenant have signed a statement as to the condition of the residential premises, the security deposit may be applied to repair damage done to the premises. Requiring key money is not illegal.

What about post-dated cheques?

The landlord may not require post-dated cheques or other negotiable instruments for payment of the rent, however, the landlord may request post-dated cheques, but the tenant is not obliged to comply.

When is the landlord allowed to increase the rent?

Rent increases during the first year of a tenancy agreement are not allowed. The landlord must notify the tenant in writing 3 months prior to the effective date of the rent increase.

When is rent considered late?

Rent is late the day after it is due. The tenant must pay the rent when it is due as stated in the rental agreement.

How can a lease be renewed?

Year-to-year leases renew for another year if no notice is given. Either party may give notice 90 days before the end of the lease. The parties may negotiate a new lease at that time.

How can a lease be terminated?

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.

Can a tenant assign a lease or sublet the premises?

If the tenancy agreement is for a term of 6 months or more, the tenant has the right to assign or sublet the premises, subject to the consent of the landlord, which shall not be arbitrarily or unreasonably withheld.

When is the landlord permitted to enter the premises?

The landlord must first specify an entry time in a written notice and give it to the tenant at least 24 hours before the entry time, which must be between 8 a.m. and 9 p.m. The landlord has the right to enter without notice (i) in the case of emergency, (ii) with the consent of the tenant given at the time of entry, (iii) to show the premises to prospective purchasers or tenants after notice of termination of the tenancy has been given, or (iv) where the tenant has abandoned the premises.

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.