Yukon RTO Dispute Resolution and Order of Possession

When You Need the RTO

If you have served a valid notice to end a tenancy and the tenant has not vacated by 1:00 PM on the effective date — and has not filed a dispute — you need to apply to the Residential Tenancies Office for an Order of Possession. The RTO is the only body in Yukon that can issue this order. You cannot enforce a notice on your own.

Filing the Application

The application uses Form YG(6908CS), the Application for Order of Possession. The filing fee is $50, payable by credit card, cash, or debit. Low-income applicants can apply for a fee waiver.

You must include with your application:

• A copy of the written tenancy agreement
• A copy of the notice to end tenancy you served
• Proof of service showing how and when the notice was delivered
• Written records of any communications with the tenant after the notice

Submit in person at the RTO (307 Black Street, 1st Floor, Whitehorse), by mail (Box 2703, Whitehorse, YT Y1A 2C6), or by email to [email protected].

The Hearing Process

Once the RTO accepts your application, it assigns a file number and issues a Hearing Package. You must serve the Hearing Package on the tenant using an authorized service method, then file a completed Declaration of Service form confirming delivery.

The Adjudicator conducts a hearing where both parties present testimony and documentary evidence. The Adjudicator evaluates whether the notice used the correct form, the notice period was calculated correctly, service was completed through an authorized method, and all preconditions were met (such as the five-day payment period after receipt of a Notice of Unpaid Rent or required permits for demolition).

If the notice checks out, the Adjudicator issues a written decision and a binding Order of Possession specifying the date and time the tenant must leave.

If the Tenant Disputes the Notice

A tenant can file a dispute at the RTO within the statutory window — seven days for a 14-day cause notice, 14 days for longer notices. A possession order cannot be issued until the RTO hears and decides a disputed notice.

If the tenant's dispute succeeds (for example, the Adjudicator finds the notice was defective), your application fails and you would need to start the notice process again from scratch with a corrected notice.

Enforcing the Order

The RTO itself does not carry out physical enforcement. If the tenant refuses to leave after the Order of Possession is issued, you file the order with the Supreme Court of Yukon and obtain a writ of execution for possession. The Sheriff's Office then handles the physical removal. Sheriff execution fees are recoverable from the tenant.

Do not use self-help measures to lock out a tenant who remains in possession, remove their belongings, or cut off essential services. The RTO can order compensation for the tenant's emergency accommodation and property losses and impose an administrative penalty of up to $10,000, or up to $10,000 for each day or part of a day that a continuing violation persists after the first day.

Our Ending a Tenancy in Yukon guide walks through the entire RTO application process with the required forms and evidence checklists.

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