Saskatchewan Property Laws | Property Vista

Saskatchewan

The Residential Tenancies Act dictates the rights and responsibilities of landlords and tenants in Saskatchewan.

Evictions in Saskatchewan

Last Updated: August 13, 2018

Landlords must let the tenant know whether they are looking to renew the lease or to terminate with an official Notice of Intention two months before the lease’s end.  Offers of renewal need to include any new terms a landlord plans to include.

The tenant has one month to respond  The landlord should either deliver an oral or written notice of termination of the lease; detailing the rental unit, the date of termination, and be signed by the tenant (if in writing).

If the landlord fails to offer either a lease renewal or a termination notice the lease will automatically be renewed as a monthly agreement.

Keep records with the Residential Tenancies Branch; forms for renewal and eviction are available here.

What are some reasons I would evict someone in Saskatchewan?

There are many reasons why someone could be evicted, but The Residential Tenancies Act recognizes the need for urgency and offers distinct category based on tenant rental violations.

Failure to pay rent

Monetary issues fall under their own subsection under Saskatchewan law. If rent or utility payments are 15 days overdue, the landlord has the ability to use form 7a to force payment.  If outstanding bills remain after another 15 days, the tenant can be evicted.

Evictions with a letter of warning (form 8)

These are problems which can be remedied, but failure to do so within one month of a warning will grant the landlord full rights to end the tenancy.  They are violations such as:

  • Non-payment of security deposits
  • Repeated late payments
  • Providing false information
  • Activities that endanger other occupants or the rental units
  • Violations of the Tenancy Agreement or reasonable rules established by the landlord
  • Illegal activities occurring within the rental unit
  • Failure to comply with a mandate from the Office of Residential Tenancies

What does the eviction process normally look like in Saskatchewan?

If the tenant has not paid their rent in full after being notified through form 7a, the landlord may issue an order to end tenancy (form 7a). If a tenant fails to react to the landlord’s letter of warning, then the landlord can respond with an order to vacate (form 8a). If necessary, a landlord can apply to the Office of Residential Tenancies for a writ of possession enforceable by the sheriff’s office.

Where can I learn more?

https://www.saskatchewan.ca/business/housing-development-construction-and-property-management/landlords-and-rental-properties

http://qp.gov.sk.ca/documents/English/Statutes/Statutes/R1-3.pdf

http://tenantrights.ca/facts/saskatchew

Security Deposits

What’s the deal with Security Deposit laws in Saskatchewan?

Landlords can charge up to half of one month’s rent from a tenant due at the start of the rental period.

Do landlords need to charge tenants a security deposit in Saskatchewan?

It is entirely optional to charge for a security deposit but the deposit must be requested before the tenancy agreement is signed. The only exception to this is in the case when social services guaranteed the tenant in place of an actual deposit.  If the guarantee is withdrawn a landlord may request a security deposit from the tenant.

What are the limits on security deposits in Manitoba?

The total sum of all security deposits, including pet deposits or other deposits, must be no greater that one month’s rent.  Key deposits are illegal.

Do landlords need to provide a receipt for a security deposit?

Yes.  Upon payment of the security deposit, a landlord must give the tenant a written acknowledgement detailing the date the payment was received, the amount, and the rental unit it covers.

Does the money need to be kept in a separate account to allow it to accrue interest?

The security deposit must be stored in a trust separate from operating costs. That said, interest is no longer paid on deposits pf less than five years

What can security deposit money be used for?

The tenant’s last month of rent may be collected as a deposit, but it cannot be used to pay for damages to the property. The landlord has seven days after to the tenant has moved out to return the deposit or give them written notice of the landlord’s claim over the security deposit.

 

Disclaimer: Many of the terms in these fact sheets may relate to certain legal rights and obligations that tend to change from time to time. The information provided does not constitute legal advice and the manager of this database is not a law firm. These materials are intended, but cannot be promised or guaranteed to be current, complete or up-to-date. The specific interpretation of the terminology, acts and relevant regulations depend on the laws and procedures corresponding to that particular province. All of these fact sheets are to be used for informational purposes only and are not meant to be used as legal advice. If you need more information about your province or territory, including details about legal orders, notices and certain forms, contact your local rental authority or a qualified lawyer in the area.

Jack Beaton Sterling Karamar, Property Management
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