Ending a Tenancy Agreement in Saskatchewan

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When a tenant in Saskatchewan signs a lease agreement, they promise to uphold all its terms. For example, they agree to pay rent when it is due and to care for the rental property.

Unfortunately, some tenants don’t abide by the signed contract. In this case, you, as the property owner, have the right to terminate the lease and evict the tenant from the rental property.

Whether you are a landlord or a tenant, understanding the eviction laws is vital. As a tenant, you’ll be able to understand your rights during an eviction. On the other hand, as a landlord, you’ll be able to know what is required of you when looking to evict a tenant from your property.

The following is a basic overview of the eviction laws in SK.

Termination of the Tenancy by the Tenant

Are you a tenant? If you are looking to terminate your month-to-month tenancy, you must notify your landlord before the last day of the preceding month. For this to be successful, you must provide the right notice.

For victims of domestic violence, you may terminate the tenancy by issuing the landlord a 28 days’ notice once you have received a certificate from the Ministry of Justice’s Victims Services Branch.

Regaining of the Unit by the Landlord

In Saskatchewan, there are only two ways a landlord can regain possession of their unit:

If the tenant chooses to leave on their own accord
If the tenant is evicted by the sheriff

When a tenant grossly violates the tenancy agreement, the landlord may apply for their removal at the Office of Residential Tenancies (ORT). As a landlord, it is illegal for you to physically remove a tenant from your property.

Also, the reasons for removing the tenant must be legally justified. Plus, you must serve the tenant with a proper notice.

ORT Requirements for an Order of Possession

When looking to evict a tenant from your rental, you need to meet certain requirements. The following are the items required.

A duly completed form (Form 9a or 9b)
The dispute notice and the Notice to Move Out
Copy of the lease agreement signed by both parties
Proof showing that the notice was indeed served to the tenant
Payment of a non-refundable fee of $50
Copy of the rent ledger (in the case of repeated late rent payment or overdue rent)

Tenant Rights During an Eviction

Even during an eviction, tenants have rights. First and foremost, as a tenant, your landlord can’t just evict you without ending the tenancy first. Typically, this means being given a written notice.

It’s only after you have failed to cure the violation that your landlord can file for your removal at the ORT.

And even after a ruling, it’s only the sheriff from the Court of Queen’s Bench that can remove you from your unit.

Also, if your landlord seeks to terminate your month-to-month tenancy so that they can occupy your unit, the Residential Tenancies Act gives you certain rights.

The rights include:

To end the tenancy within 10 days’ notice if you wish to leave early; and
To seek compensation for wrongful eviction if the landlord fails to use the premises for the purpose given.

Termination of the Lease for Non-Payment of Rent or Utilities

Landlords in Saskatchewan have a right to evict tenants that are overdue in paying rent for more than 15 days. Here, you must serve the tenant with a Form 7. So, if the rent is due on the 1st of every month, then you will need to wait until the 16th of that month to serve it.

If the tenant doesn’t leave, then you have the option to apply to the ORT to seek possession of the unit.

Reasons to Evict a Tenant in Saskatchewan

There are many reasons a landlord may choose to evict a tenant. In all of the following cases, the Residential Tenancies Act, 2006 provides the tenant with a reasonable opportunity to remedy the issue before being served with an eviction notice.

Here are some reasons a landlord may evict a tenant:

Failure to pay the security deposit within 30 days after moving in
Failure to pay rent when it is due
Not adhering to the occupancy limit
Interfering with or disturbing other people
Putting the landlord’s property at risk or seriously jeopardizing the safety and health of others
Engaging in illegal activities at the property
Causing excessive property damage
Failure to fix a damage within a reasonable time frame
Breaching a term of the lease agreement
Repeatedly violating rules that the landlord has established
Purporting to assign a lease agreement on behalf of the landlord
Falsifying information to a potential lender, tenant or buyer
Failure to adhere to an order to move out by a lawful authority
Failure to comply to adhere to housing program requirements as provided in the lease agreement
Failure to comply with an order made by the Office of Residential Tenancies (ORT)
Failure to pay municipal charges or breaching a municipal bylaw that may result in charges

You can find the full details of the grounds of eviction at section 58 of the Act. As already foretold, in all these cases, a landlord must give the tenant a reasonable opportunity to fix the violation.

The only exception is smoking. As a landlord, you have a right to evict a tenant without further notice if they continue smoking in the rental after requesting them not to.

Evicting a Tenant for Housing Program Use

A landlord may use Form 8e to end a tenancy on one month’s notice under any of the following three conditions:

If the structural features of the unit exceed the tenant’s requirements.
If the tenant no longer qualifies for a housing program.
If the landlord is looking to convert the property for use in a housing program.

Evicting a tenant is never easy. It can be stressful, costly and lengthy. That’s why savvy landlords turn to professional property managers. Leenan Property Management is a proven and trusted property management company serving Regina, Saskatchewan. Whether you are looking for help finding and screening tenants, collecting rent, or even evicting tenants, Leenan PM can help.