New, modern tenancy legislation for residential landlords and tenants
September 16 - Yukon landlords and tenants will have new, modern tenancy legislation to guide them. The Residential Landlord and Tenant Act has been proclaimed with the passage of its regulations, which include minimum rental standards that come into force on January 1, 2016.
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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.
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.
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 HandbookHandbooks are also available at:
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:
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
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.
This tip sheet on Security Deposits [78KB ] 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
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.
This Security Deposit Interest Rates table 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:
July 1, 1999 to Dec. 31, 1999 = 184 days; listed interest rate is 4.25%
The landlord owes Mary $ 20.08 ($10.71+ $9.37) in interest on her security deposit.
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