What types of rental accommodations are covered by Saskatchewan legislation governing residential tenancies?

The province’s Residential Tenancies Act governs the rental of residential premises located within the boundaries of a municipality, including houses, apartments, duplexes, mobile homes and mobile home sites, subsidized or public housing.

What types of rental accommodations are NOT covered by this legislation?

* Room and board rentals
* University residences
* Special care homes
* Accommodation attached to and rented with business premises
* Hotels or hostels.

What types of rental periods are provided for in the legislation?

Rental periods can be periodic, fixed or any other term naturally agreed to by the landlord and tenant.

Is it necessary to have a written lease?

No. However, if there is a written lease, the landlord must give a signed copy of the lease to the tenant within 20 days after the tenant signs it.

A signed move-in / move-out checklist is not required.

Can the landlord charge a deposit?

Yes, the landlord may charge a security deposit of not more than 1 month’s rent. The deposit may be used by the landlord to cover any loss, including damages. The tenant can pay the security deposit in two instalments. The landlord may require the tenant to pay up to 1/2 of the deposit at the beginning of the tenancy or within 30 days of receipt of a written demand for payment. The remainder is then due within 2 months or 60 days after receipt of demand for payment. The landlord has 7 business days after the tenant moves out to return the security deposit with interest, obtain the written consent of the tenant to keep all or part of the security deposit and interest, or apply to the Rentalsman for a hearing to resolve any dispute over the return of the deposit. If the landlord has not returned the deposit or made an application for a hearing within the 7-day period, the tenant may apply to the Rentalsman for an order to require the landlord to return the deposit. Requiring key money is not illegal.

What about post-dated cheques?

The landlord may request post-dated cheques.

When is the landlord allowed to increase the rent?

A landlord must give 3 months written notice if rent is paid monthly, or 3 weeks notice if rent is paid weekly. A tenant can ask the Rentalsman to make the landlord charge the old rent until proper notice is received.

When is rent considered late?

Rent is late the day after it is due. The landlord can charge a $25 late fee.

How can a lease be renewed?

When a lease is renewed, unless otherwise agreed, other than the new term of the lease, all other conditions of the lease remain the same. To change the terms of a lease, either or both parties must give notice. About 80% of rental agreements in Saskatchewan are for month-to-month terms.

How can a lease be terminated?

When a fixed term tenancy goes to a month-to-month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term. If rent is paid monthly, tenants must give 1 full month’s notice no later than the day before the final month’s rent is due. If rent is paid weekly, tenants must give 1 full week’s notice no later than the day before the final week’s rent is due. The notice must be in writing, identifying the landlord and the premises, be signed by the tenant, state the move date and be delivered in person or by mail.

Both the landlord and the tenant may end the lease whenever they want provided that both agree. Otherwise, either party may only end the lease in the manner set out in the rental agreement. To discontinue a tenancy agreement, either party can give written notice of termination based on the rental period (1 week’s notice for a weekly tenancy, 1 month’s notice for a monthly tenancy).

A landlord may terminate a tenancy agreement immediately by serving notice of termination if (i) the tenant fails to pay the rent for 15 days or longer, (ii) the tenant commits or permits an illegal act or conducts an illegal business in the rental premises, (iii) the conduct of the tenant or his/her guest causes a disturbance, or (iv) after receiving 7 days written notice the tenant has failed to keep the premises or the common areas clean or to repair damage caused by the tenant or his/her guest.

Can a tenant assign a lease or sublet the premises?

The tenant must have the landlord’s consent to sublet the premises and the landlord can only withhold consent when it is reasonable.

When is the landlord permitted to enter the premises?

In the case of an emergency, the landlord may enter the premises with the tenant’s consent. 24-hour notice in writing is required specifying whether morning, afternoon or evening is preferred. If the tenant has terminated the lease, the landlord can show the premises between 9 a.m. and 9 p.m.

How can a landlord evict a tenant?

The landlord must give 1 month’s notice, and have a good reason, to evict a tenant. The landlord can ask a tenant to leave immediately if the landlord can prove an illegal or offensive act, nuisance or disturbance bothering neighbours, failure to clean or repair after a 7-day written notice, or if rent is 15 days or more late. If the tenant refuses to leave, the landlord can apply to the Rentalsman for an order of possession and can take legal action to collect any rent owing after the tenant moves out. An order from the Rentalsman gives the landlord the right to collect the money by garnishment or by having the Sheriff seize the tenant’s property.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.