Department of Community Services

Landlord and Tenant Responsibilities

Consumer Services

Landlord and Tenant Responsibilities

Residential Landlord and Tenant Act

The new Residential Landlord and Tenant Act was developed through public consultation and is based on the recommendations of the Select Committee on the Landlord and Tenant Act. This has led to modern, clear and effective legislation that benefits landlords and tenants and promotes a healthy private rental market. This legislation is not yet in force.

View the news release


Landlord and tenant legislation governs the renting of land, housing, apartments and so on. To most people, the legislation dealing with residential premises - houses or apartments - is most important. Provisions on residential tenancies is located in Part 4 of the Landlord and Tenant Act.

Residential premises are dwellings in which people live. This also includes land which is leased for a mobile home if the mobile home is used as a residence. Residential premises do not include business premises rented for business purposes with your living accommodations attached.

To interpret or apply the legislation, the Yukon Landlord and Tenant Act itself should be consulted.


Tip Sheets

These Tip Sheets provide overview information and some recommendations for resolving conflicts you may be experiencing. If you require additional information or greater detail on a particular issue, please contact us at 667-5944.

Sample Tenancy Forms


Landlord and Tenant Act Handbook

Handbooks are also available at:
307 Black Street, 1st floor
Whitehorse, YT

Contents:

1) Where to go if you have a problem

Landlords and tenants wishing information or assistance on landlord and tenant matters, may call or visit:

In Person:
1st floor
307 Black Street
Whitehorse, Yukon

By Mail:
Government of Yukon (C-5)
Box 2703
Whitehorse, Yukon
Y1A 2C6

Telephone: (867) 667-5944
Toll Free (In Yukon): 1-800-661-0408, Extension 5944

There is no charge for these services and both landlords and tenants are treated equally and impartially.

2) Entering into a Tenancy Agreement 
    Reasonable Terms; Condition of Premises Report

3) The Tenant: Your Rights & Responsibilities 
    Privacy; Services and Repairs; Access; Visitors; Rent Increases; Paying your Rent; Being a Good Tenant; Moving Out

4) The Landlord: Your Rights & Responsibilities 
    Protecting Your Property; Receiving the Rent; Use of Premises; Maintaining the Property; Subletting; Security Deposits; Interest Rates

5) Ending the Tenancy 
    Legal Remedies of Landlords; Serving Notice; Physical Eviction; Mobile Home Parks; Rentals Officer; General Claims Before the Small Claims Court


SECURITY DEPOSITS

Landlords may ask tenants for a security deposit. A security deposit cannot be more than the equivalent of the first month’s rent at the time the tenancy begins. 

  • Security Deposits [78KB ]
    This tip sheet is provided for assistance only and is not a statement of law. To interpret or apply the legislation, the Landlord and Tenant Act, Part 4, should be consulted. Sections 63 and 64 refer to security deposits.

    There are specific rules about how the security deposit may be used. They are detailed in the Landlord and Tenant Act. Please contact Consumer Services at (867) 667-5944 to determine whether you are eligible to use the security deposit for the last month's rent.


    INTEREST ON SECURITY DEPOSITS  Printable version 

    The landlord must pay interest to the tenant annually (at the end of each tenancy year) or 15 days after the date the tenant moves out (the earlier date applies). The interest rate is payable at 2% lower than the bank prime rate as of January 1 and July 1 of each year.

    The table below shows the interest to be paid on the security deposit for each time period. The interest is not compounded; it is calculated for each time period.

    Calculating the Interest:

    Formula for calculating the interest owed: (Amount) x (% Rate) ÷  365 x (No. of days)

    Example of an interest calculation:
    Mary rented an apartment on July 1, 1999. Her security deposit was $500.00.
    On May 31, 2000, Mary moved out of the rental suite.

    July 1, 1999 to Dec. 31, 1999 = 184 days; listed interest rate is 4.25%
    $500.00 x 4.25%    ÷  365 days x 184 days = $ 10.71
          
    Jan. 1, 2000 to May 31, 2000 = 152 days; listed interest rate is 4.5%
    $500.00 x 4.5%    ÷  365 days x 152 days = $ 9.37

    The landlord owes Mary $ 20.08 ($10.71+ $9.37) in interest on her security deposit.


    SECURITY DEPOSIT INTEREST RATES:

    2% below prime rate (Calculated on January 1 and July 1 annually)

    Formula to calculate the interest:(Amount) x (%Rate) ÷ (365) x (No. of Days)

    Period Interest Rate Period Interest Rate
    Up to Sept. 30, 1994 10% Jan. 1, 2005 to June 30, 2005 2.25%
    Oct. 1, 1994 to Dec. 31, 1994 6% July 1, 2005 to Dec. 31, 2005 2.25%
    Jan. 1, 1995 to June 30, 1995 6% Jan. 1, 2006 to June 30, 2006 3%
    July 1, 1995 to Dec. 31, 1995 6.75% July 1, 2006 to Dec. 31, 2006 4%
    Jan. 1, 1996 to June 30, 1996 5.5% Jan. 1, 2007 to June 30, 2007 4%
    July 1, 1996 to Dec. 31, 1996 4.5% July 1, 2007 to Dec. 31, 2007 4%
    Jan. 1, 1997 to June 30, 1997 2.75% Jan. 1, 2008 to June 30, 2008 4%
    July 1, 1997 to Dec. 31, 1997 2.75% July 1, 2008 to Dec. 31, 2008 2.75%
    Jan. 1, 1998 to June 30, 1998 4% Jan. 1, 2009 to June 30, 2009 1.5%
    July 1, 1998 to Dec. 31, 1998 4.5% July 1, 2009 to Dec. 31, 2009 0.25%
    Jan. 1, 1999 to June 30, 1999 4.75% Jan. 1, 2010 to June 30, 2010 0.25.%
    July 1, 1999 to Dec. 31, 1999 4.25% July 1, 2010 to Dec. 31, 2010 0.5%
    Jan. 1, 2000 to June 30, 2000 4.5% Jan. 1, 2011 to June 30, 2011 1%
    July 1, 2000 to Dec. 31, 2000 5.5% July 1, 2011 to Dec. 31, 2011 1%
    Jan. 1, 2001 to June 30, 2001 5.5% Jan. 1, 2012 to June 30, 2012  1%
    July 1, 2001 to Dec. 31, 2001 4.25% July 1, 2012 to Dec. 31, 2012  1%
    Jan. 1, 2002 to June 30, 2002 2.00% Jan. 1, 2013 to June 30, 2013  1%
    July 1, 2002 to Dec. 31, 2002 2.25% July 1, 2013 to Dec. 31, 2013  1%
    Jan. 1, 2003 to June 30, 2003 2.5%

    Jan. 1, 2014 to June 30, 2014

     1%
    July 1, 2003 to Dec. 31, 2003 1.5% July 1, 2014 to Dec. 31, 2014  1%
    Jan. 1, 2004 to June 30, 2004 2.5%    
    July 1, 2004 to Dec. 31, 2004 1.75%    

     

     


    Remember

    It is to your advantage to try to resolve any problems by talking things over with your landlord or tenant before calling Consumer Services. That way, there is a better chance that both of you will be happy with the outcome, and will have a better ongoing relationship.