Responsibilities before, during and after a tenancy

Paying rent

Tenants must pay rent in full on the day it's due, except if the landlord and tenant agree otherwise in writing or the tenant has an order from the Residential Tenancies Office.

Late rent

If a tenant is late paying rent or has only paid a portion of the rent, the landlord must provide the tenant notice of the unpaid rent and give them a 5 day period to pay before issuing a notice to end tenancy with cause (unpaid rent).

After the 5 day period, the landlord can serve the tenant with a 14-day notice to end tenancy with cause (unpaid rent).

The tenant can void a 14-day notice to end tenancy with cause (unpaid rent) by paying the outstanding rent within 7 days of receiving it.

Late rent more than once

If the tenant is late paying rent more than once, the landlord can issue a 14-day notice to end tenancy with cause (repeated late payment of rent). Paying the outstanding rent does not void this notice.

Review the:

• paying the rent information sheet;
• when a tenant does not pay rent on time information sheet; and
• non-payment of rent flow chart.

Rent increases

The average of the "All Items Consumer Price Index" (CPI) for Whitehorse for the previous 2 years determines the rent index. The index sets the maximum amount a landlord can increase rent for that year. The rent index year runs from May 15 of one year to May 14 of the next year.

The Residential Tenancies Office publishes the rent index annually.

The landlord:

• can only increase the rent once a year and not during the 1st year of the tenancy; and
• must give the tenant 3 months' written notice of an increase.

The landlord and tenant cannot enter into multiple agreements to avoid rules about rental increases.

View the rent increases fact sheet.

Quiet enjoyment

Tenants have a right to quiet enjoyment of their rental unit. Quiet enjotment means that the tenant must:

• have reasonable privacy;
• not be unreasonably disturbed; and
• have exclusive possession of the rental unit.

View the quiet enjoyment information sheet.

Minimum health, safety and housing standards

The landlord is responsible for maintaining minimum health, safety and housing standards throughout the tenancy.

The tenant must:

• inform the landlord of any concerns about the rental unit; and
• not do anything that might create a health, fire or safety hazard.

View the minimum rental standards information sheet.

Access and locks

The landlord can enter the rental unit:

• after serving the tenant with proper notice; or
• with the tenant's permission.

Neither the landlord nor tenant can:

• restrict or alter access to the rental unit; or
• change the locks to the rental unit without written permission.

View the:

• access information sheet; and
• locks information sheet.

Subletting or assigning a tenancy

A tenant:

• can sublet or assign a tenancy with the written agreement of the landlord; and
• cannot charge more rent than they pay to the landlord each month.

A landlord cannot:

• unreasonably refuse a tenant's request to sublet or assign a tenancy; and
• charge a fee for considering or processing the tenant's request.

View the shared accommodations fact sheet.

Other rights and responsibilities

View the other rights and responsibilities information sheet to learn more about:

• ending or restricting a non-essential service or facility;
• prohibited and permitted fees;
• additional people joining the household; and
• overcrowding.

A tenancy ends when:

• the tenancy agreement is fixed-term and specifies the tenant will move out at the end of the term;
• the tenant or landlord give notice to end a periodic tenancy;
• circumstances beyond the landlord or tenant's control make it impossible for the tenancy agreement to continue;
• the tenant abandons the rental unit;
• the landlord is granted an order by the Residential Tenancies Office; or
• the tenant and landlord mutually agree in writing to end the tenancy.

View the:

• ending a tenancy (tenants) information sheet; and
• ending a tenancy (landlords) information sheet

Move out time

The tenant must move out by 1 pm on the last day of the tenancy.

If the tenant is not fully moved out by 1 pm, the landlord can request additional costs.

Condition inspection report

The landlord and the tenant must complete and sign a move-out condition inspection report together.

The landlord must offer the tenant 2 "good faith" opportunities to complete the move-out condition report.

View the condition inspection report information sheet.

Security and pet deposits

Once the tenant has move out, the tenant must provide a forwarding address or e-transfer information. Once received, the landlord has 15 days to do 1 of the following:

• Return the deposit(s) in full, including interest
• With the tenant's consent, return the deposits with deductions, including interest
• Apply for dispute resolution and request an order allowing the landlord to keep all or some of the deposit

Use the deposit interest calculator to determine the interest accrued.

View the:

• deposit information sheet.

Notice to end a tenancy

A landlord and tenant can end a tenancy for cause by giving notice to the other party.

View the:

• ending a tenancy (tenants) information sheet; and
• ending a tenancy (landlords) information sheet; and
• notice forms.

Order of possessions

Both landlords and tenants can apply to the Residential Tenancies Office for an order of possession. An order of possession gives the applicant the right to occupy a rental unit.

View the order of possession information sheet.

Abandoned possessions

A rental unit is considered abandoned when the tenant gives up tenancy and possession without proper notice to the landlord. If the tenant leaves personal property in the rental unit, landlords can:

• apply to the Residential Tenancies Office to remove and sell or dispose of the property; or
• itemize and store the items until they get a Residential Tenancies Office order or the tenant comes back to claim the items.

As a landlord, if you choose to store the items, you:

• are required to exercise reasonable care and ensure the property is not damaged, lost or stolen;
• can seek compensation from the tenant for any costs incurred with storing the tenant's property;
• must keep a written inventory of any abandoned property; and
• should take photographs of the items to document their condition.

View the abandoned property information sheet.

Forms

View all the forms for landlords and tenants.