Yukon Tenant Refuses to Leave After Notice

The Notice Has Expired and the Tenant Is Still There

You served the notice correctly, the move-out date has passed, and the tenant is still in the unit. This is called overholding, and the impulse to take matters into your own hands is understandable. But under Yukon's Residential Tenancies Act 2025, what happens next is an administrative and, if necessary, judicial process — not a landlord action.

Step 1: Confirm No Dispute Was Filed

Check whether the tenant filed a dispute at the RTO within the statutory window (seven days for a 14-day cause notice, 14 days for longer notices). If the tenant disputed, wait for the RTO hearing and decision before seeking possession.

If no dispute was filed and the tenant has simply stayed, move to the next step.

Step 2: Apply for an Order of Possession

File an Application for Order of Possession at the RTO using Form YG(6908CS). The fee is $50. Include your tenancy agreement, the notice you served, and proof of service. The RTO reviews your filing, assigns a hearing, and sends you a Hearing Package to serve on the tenant.

Step 3: Attend the RTO Hearing

Both sides present evidence. The Adjudicator reviews whether your notice was valid — correct form, correct ground, correct calculation, valid service. If everything checks out, the Adjudicator issues a binding Order of Possession with a specific date and time.

Step 4: Sheriff Enforcement

If the tenant does not comply with the Order of Possession, file it with the Supreme Court of Yukon and obtain a writ of execution for possession. The Sheriff's Office then has the authority to physically enforce the writ. This is the only lawful way to remove an overholding tenant in Yukon.

What You Cannot Do

Locking out a tenant who remains in possession, cutting off essential services, removing the tenant's belongings, blocking access to the property, or any other self-help measure is an illegal eviction. The RTO can restore the tenant to the unit, order you to pay compensation for emergency accommodation and property losses, and impose administrative penalties up to $10,000 or $10,000 for each day or part of a day that a continuing violation persists after the first day.

The prohibition applies while the tenant remains in possession, even after a valid notice has expired. Only the Sheriff, executing a writ of execution for possession issued after the RTO order is filed with the Supreme Court, can carry out a physical removal.

How Long Does This Take?

The timeline depends on how quickly the RTO schedules the hearing, whether the tenant contests the application, and whether you need to go through Supreme Court registration and Sheriff enforcement. The process is administrative rather than fast, which is why getting the initial notice right matters — a failed notice means restarting from zero.

Our Ending a Tenancy in Yukon guide covers the full overholding workflow including evidence preparation for the RTO hearing and a step-by-step enforcement checklist.

See more Yukon guides →