Permanent residents

Knowing your rights as a tenant in Saskatchewan

Anushka

January 16, 2025

Knowing your rights as a tenant in Saskatchewan

Key takeaways

Know Your Rights: Given your rights as a tenant in Saskatchewan, you are protected from unfair rent increases, unlawful evictions, and unreasonable clauses in your lease.

Understand Lease Terms: Whether you have a fixed-term or periodic tenancy agreement, always make sure to clarify lease components such as rent payment schedules, utility inclusions, and maintenance responsibilities.

Notice Requirements: Tenants and landlords have specific notice requirements for lease termination, rent increases, and other changes. Ensure that you are aware of your obligations regarding notice periods to avoid misunderstandings.

Securing a suitable place to live is a top priority for many newcomers upon arriving in Canada. Ensuring your housing is safe and comfortable for you and your family involves being aware of your tenant rights. In Saskatchewan, legal protections are in place to safeguard tenants from discrimination and unlawful eviction. Here’s an overview of key information to help you choose a home you’ll feel satisfied with.

What documents are required to rent a home in Saskatchewan?

When renting a house, apartment, or other dwelling in Saskatchewan, landlords often require specific documents to complete your application. These documents help verify your financial status and rental history. Below is a list of commonly requested documents:

  1. Employment letter: This is a letter from your employer detailing your job tenure and annual salary, providing evidence of stable income.
  2. Pay stubs: Alongside an employment letter, landlords may request recent pay stubs as additional proof of your income.
  3. Bank statement: If you are self-employed or currently searching for permanent employment, a recent bank statement may be required instead of pay stubs or an employment letter. This demonstrates your ability to cover rent payments.
  4. References: Landlords typically request references from someone who can vouch for your character and reliability as a tenant, such as a manager or trusted acquaintance. References must be from individuals based in Canada.
  5. Credit report: A comprehensive credit report is often necessary as part of your rental application. This report summarizes your credit history and includes a three-digit credit score, with higher scores indicating better financial health. It also provides details on debts or bankruptcies and can be obtained for approximately $25 CAD from authorized credit agencies. Alternatively, some landlords may conduct a credit check on your behalf, requiring your full name, address, and date of birth to proceed.
Knowing your rights as a tenant in Saskatchewan

Eviction regulations in Saskatchewan

In Saskatchewan, landlords have the right to evict tenants for valid reasons, such as non-payment of rent. However, they must follow the appropriate legal procedures, which include using forms provided by the Landlord and Tenant Board (LTB). Tenants can challenge eviction notices and refuse to vacate the property, at which point landlords must apply to the Office of Residential Tenancies (ORT) for an order of possession. The ORT will then decide the validity of the eviction.

Common reasons for eviction in Saskatchewan

Non-payment of rent
If a tenant has not paid rent for 15 days or more, the landlord can issue a Form 7 (Immediate Notice to Vacate and Notice of Arrears). For instance, if rent is due on April 1, the landlord can serve the notice on April 16. If the tenant fails to leave, the landlord must apply to the ORT for repossession of the property.

If the tenant owes payments for utilities, the landlord can serve a Form 7a (Notice of Utilities Arrears), which gives the tenant 15 days to settle the amount. Failure to pay within this timeframe allows the landlord to proceed with issuing a Form 7.

Eviction for cause
A landlord can terminate the tenancy if the tenant breaches the terms of the agreement. In most cases, except for specific issues like smoking where prohibited, the tenant must be given an opportunity to resolve the issue. The landlord must serve a Form 8 (Notice to Vacate), providing at least one month’s notice.

Examples of eviction for cause include:

  • Non-payment of the security deposit.
  • Consistently paying rent late.
  • Disturbing or compromising the health and safety of other tenants or the landlord.
  • Engaging in illegal or offensive activities.
  • Causing significant property damage or failing to repair damage within a reasonable time.
  • Violating landlord-established rules repeatedly.
  • Housing an excessive number of occupants.

Personal use
If the property is under a periodic tenancy agreement, landlords may evict tenants if they, a close family member, or a friend intend to move into the property. In such cases, landlords must give two months’ notice.
However, tenants on a fixed-term lease cannot be evicted for personal use.

Sale of property
When a rental property is sold, the landlord may evict the tenant if the new owner or their close family member plans to occupy the unit. The landlord must provide one month’s notice for tenants on periodic leases. Tenants with fixed-term leases are protected from eviction for this reason.

Major renovations or demolition
If significant renovations, a change in property use, or demolition is planned, landlords may evict tenants under specific conditions:

  • The renovations must require the property to be vacant (e.g., structural changes, not minor updates like painting).
  • Necessary permits must be obtained before issuing an eviction notice.

Tenants on periodic leases must be given two months’ notice, while those on fixed-term leases cannot be evicted for these reasons.

Your responsibilities as a tenant in Saskatchewan

As a tenant in Saskatchewan, you have certain obligations toward your landlord and the rental property. These responsibilities ensure a positive and respectful landlord-tenant relationship and help maintain the property in good condition. Below is a detailed breakdown of these duties:

1. Paying rent on time
You are required to pay your rent in full and on the agreed-upon due date as specified in your lease agreement. Consistently late or incomplete payments can lead to disputes or even eviction.

2. Paying utility bills promptly
If your lease specifies that you are responsible for utilities, such as electricity, gas, or water, it is your obligation to ensure that these bills are paid on time to avoid disruptions in service and to maintain your tenancy agreement.

3. Maintaining cleanliness and upkeep
You are expected to keep the rental property clean and in good condition. This can include routine tasks like tidying the interior, as well as outdoor maintenance such as shoveling snow in the winter or mowing the lawn in the summer, depending on the terms of your lease.

4. Carrying tenancy insurance
If your lease requires you to have tenancy insurance, it is your responsibility to obtain and maintain an appropriate policy. Tenancy insurance protects your personal belongings and can cover liability for accidental damages or injuries that occur on the property.

5. Respecting other tenants
If you share the property with other tenants, you are obligated to be considerate of their comfort and safety. This includes keeping noise levels reasonable, avoiding disruptive behavior, and respecting shared spaces.

6. Avoiding illegal or harmful activities
Engaging in illegal or harmful activities on the rental property is strictly prohibited. This includes activities that may endanger the property, other tenants, or the landlord. Violating this responsibility could result in immediate eviction or legal consequences.

7. Seeking landlord approval for additional occupants
If you plan to have additional individuals move into the rental unit, you must first obtain your landlord’s permission. Unauthorized occupants can violate the lease agreement and potentially lead to eviction.

8. Repairing damages caused by you or your guests
As a tenant, you are responsible for any damages to the property that result from your actions or those of your guests. This includes both minor repairs and addressing significant damages. Promptly notifying your landlord and making arrangements for repairs ensures transparency and avoids further issues.

By fulfilling these responsibilities, you contribute to a positive rental experience and uphold your part of the agreement with your landlord.

Knowing your rights as a tenant in Saskatchewan

What is covered by a rental lease?

In Saskatchewan, a tenancy agreement can be structured as either a periodic agreement or a fixed-term agreement:

  • Periodic agreements operate on a week-to-week or month-to-month basis and continue indefinitely until terminated by either the tenant or landlord, with appropriate notice.
  • Fixed-term agreements have a defined start and end date, providing clear expectations for the duration of the lease.

If a fixed-term tenancy extends beyond three months, it must be documented in writing. For shorter periods, a written agreement is not mandatory. However, even for periodic agreements, having a written tenancy agreement is strongly recommended. A written document serves as proof of the terms agreed upon between the tenant and landlord and helps avoid potential misunderstandings.

For fixed-term agreements, the landlord is required to provide the tenant with a copy of the signed agreement within 20 days of signing.

Key details included in a rental lease

A rental lease typically outlines the following information:

  • The landlord’s and tenant’s names and contact information.
  • The address of the rental property.
  • Start and end dates (for fixed-term agreements).
  • The amount of rent and due dates for payments.
  • Security deposit amount and conditions for its return.
  • Responsibilities for utilities, maintenance, and repairs.
  • Rules regarding pets, guests, and alterations to the property.
  • Notice periods for terminating the tenancy.
  • Other specific terms agreed upon by both parties.

Having this information clearly outlined ensures transparency and provides both tenants and landlords with a reference point for their rights and responsibilities during the tenancy.

Here’s the information in a table format for clarity:

Lease ComponentDescription
Parties to the agreementIncludes the names, addresses, and contact details of both the landlord and tenant, along with the property address.
TermsSpecifies whether the lease is fixed-term or periodic, along with the start and end dates of the tenancy (if applicable).
RentDetails the rent amount, payment due dates, and accepted payment methods.
Utilities and appliancesLists included services and appliances, such as electricity, heat, water, parking, cable, stove, fridge, washer, and dryer.
Security depositStates whether a security deposit is required as part of the lease agreement.
Condition of the rental unitOutlines inspection responsibilities before move-in and after move-out, includes inspection reports, and specifies obligations for maintaining property cleanliness and handling repairs.
Obligations of the landlordSpecifies the landlord’s responsibilities, such as yard maintenance or snow removal.
Obligations of the tenantLists tenant rules and responsibilities, such as no pets, no smoking or vaping, and obtaining tenant insurance.
SignaturesRequires all parties to sign and date the lease to confirm agreement to the terms.

A copy of the standard conditions of a tenancy agreement as outlined by the Residential Tenancies Act (RTA), 2006 should also be attached to every written tenancy agreement.

What is included in a lease in Saskatchewan?

When renting a property in Saskatchewan, both tenants and landlords are expected to adhere to the guidelines established by the Residential Tenancies Act (RTA). Below are some examples of clauses or conditions that may or may not be included in a rental lease in Saskatchewan.

Clauses that can be included in a lease

Certain clauses are permissible under Saskatchewan’s rental regulations and can be added to a lease agreement to clarify tenant and landlord responsibilities. These include:

  • Utilities:
    Specifies whether utilities such as gas, water, heat, electricity, and cable services are included in the rent or if the tenant is responsible for these expenses separately.
  • Smoking:
    Landlords may include a non-smoking clause in the lease, prohibiting smoking of tobacco or cannabis on the premises. This can also extend to the cultivation of cannabis plants, even though it is legal in Canada.
  • Pets:
    The lease may outline whether pets are allowed on the property. If permitted, it can specify restrictions on the type, size, or breed of pets tenants may keep.
  • Tenancy Insurance:
    A landlord can require tenants to obtain liability insurance to cover damages or risks while renting the property. Tenants may also need to provide proof of this insurance to the landlord.
Knowing your rights as a tenant in Saskatchewan

Clauses that cannot be included or modified in a lease

Certain clauses are prohibited from being included in a rental lease in Saskatchewan. Landlords must adhere to the Residential Tenancies Act (RTA), and the following restrictions apply:

Prohibited Clauses in a Lease

  1. Restrictions on Guests:
    Landlords cannot include a clause that limits a tenant’s ability to have guests, roommates, or additional occupants, such as family members, in the rental unit. However, if the landlord suspects that someone has moved into the property without being included in the tenancy agreement, they are within their rights to investigate and take appropriate action to address the situation.
  2. Additional Deposits:
    In Saskatchewan, the law limits landlords to requesting a security deposit equal to no more than one month’s rent. The tenant must pay half of this deposit at the start of the tenancy, with the remaining half due within two months. If the deposit is paid in cash, the landlord must provide a receipt to the tenant.
  3. Charges for Keys:
    Landlords are not allowed to charge tenants for the cost of keys to access the rental property.
  4. Payment for Repairs:
    Tenants cannot be held responsible for repair costs that fall under the landlord’s obligations, such as fixing plumbing, heating systems, or electrical services. The landlord must bear the cost of maintaining and repairing essential services in the rental unit.

Rental increase limits in Saskatchewan

In Saskatchewan, landlords can raise the rent at the conclusion of a fixed-term lease but must provide a minimum of two months’ notice. For tenants on a periodic tenancy agreement, the landlord must issue a written notice using a specific Notice of Rent Increase Form. There are two versions of this form: one for members of the Saskatchewan Landlord Association (SKLA) and one for other landlords. Generally, landlords must give one year’s notice for a rent increase. However, SKLA members and members of the Network of Non-Profit Housing Providers of Saskatchewan (NPHPS) are permitted to provide only six months’ notice.

Rights as a tenant in Saskatchewan

As a tenant in Saskatchewan, you have several rights that protect you during your tenancy. These include protection against discrimination, privacy rights, and the right to a safe and habitable living environment. If your landlord fails to meet their obligations, you may be entitled to remedies under the Residential Tenancies Act (RTA). Some common concerns tenants may have about their rights include issues related to eviction, rent increases, and repairs.

Breaking your lease as a tenant in Saskatchewan

If you have a periodic tenancy agreement (month-to-month or week-to-week), you can end your lease by providing the landlord with a minimum of one month’s notice (for month-to-month leases) or one week’s notice (for week-to-week leases). However, for a fixed-term lease, you are obligated to fulfill the terms of the lease until its expiration. To break a fixed-term lease, you need the landlord’s permission or may need to explore options such as subletting the unit.

Notice requirements for landlords in Saskatchewan

For tenants under a fixed-term tenancy agreement, the landlord is not required to provide any notice if they do not intend to renew the lease, as the agreement itself serves as the notice. If the landlord intends to renew a fixed-term lease, they must provide at least two months’ notice to the tenant. The tenancy agreement will specify the end date, and neither party needs to provide additional notice when the lease expires.

Notice requirements for tenants in Saskatchewan

A tenant can terminate a month-to-month tenancy by giving the landlord at least one month’s notice before the rent is due. For a week-to-week tenancy, the notice period is one week. If the rental property becomes uninhabitable, a tenant may end the lease with just one day’s notice.

Rent increase limits in Saskatchewan

Although there are no restrictions on the amount by which a landlord can increase rent in Saskatchewan, there are limits on how often the rent can be increased. Generally, rent can only be raised once per year. However, landlords who are members of the Saskatchewan Landlord Association (SKLA) or the Network of Non-Profit Housing Providers of Saskatchewan (NPHPS) can raise the rent twice a year. Tenants facing substantial rent increases may seek assistance through the Tenant Assistance Process (TAP).

Returning damage deposit in Saskatchewan

A landlord is required to return the damage deposit (which cannot exceed one month’s rent) within seven business days after the tenant vacates the property. If the landlord intends to keep any part of the deposit to cover damages or repairs, they must provide the tenant with a written notice outlining the reasons for withholding the deposit within the same seven-day period.

Overnight Guests in Saskatchewan

In Saskatchewan, landlords cannot prevent tenants from having overnight guests at their rental property. Tenants have the right to invite guests to stay at the property without facing restrictions or additional charges. However, tenants are responsible for any disturbances or damages caused by their guests. Despite what some rental agreements may suggest, a landlord cannot impose penalties, such as raising the rent, for having guests stay overnight.

Conclusion

Understanding your rights and responsibilities as a tenant in Saskatchewan is crucial to ensuring a smooth and hassle-free rental experience. From knowing the rules around rent increases and eviction processes to recognizing the limits on what your landlord can include in your lease, being well-informed helps you navigate potential challenges with confidence. By staying aware of your legal rights, you can make sure your living situation is both fair and secure, creating peace of mind as you settle into your home.


Anushka

Senior Marketing Manager, Beacon