The Residential Tenancies Act, 2006 and The Residential Tenancies Regulations, 2007 balances the needs of tenants for safe, secure, and habitable living accommodations, and the needs of landlords to conduct a viable business and protect their property investment.
What type of rental property does this apply to?
- residential property in Saskatchewan, not located on federal land;
- any rental agreement with a person under 18 years of age; and
- most “room and board” arrangements.
What type of rental property does this not apply to?
- an agreement where the living accommodations and a business are located together and under a single agreement;
- hotel, motel, resort, cottage, bed and breakfast, if rented for less than six consecutive months;
- crisis or emergency shelters;
- hospitals, treatment centres, personal care homes;
- farm acreage, if the person is farming the property;
- living accommodations provided by educational institutions to students and employees;
- the YMCA, YWCA, Salvation Army;
- life lease and lease for a term 20 years and more.
The Act and regulations do not apply to "rent-to-own" arrangements and agreements for sale of land through periodic payments, whether monthly or otherwise. Any agreement that creates a potential ownership interest in property is a matter for the courts. You should consult a lawyer about your rights.
A lease or other contract, either written or verbal, is legally binding and can only be changed by mutual agreement of the landlord and tenant, with one exception - a landlord may raise rent on proper notice. The landlord and tenants may agree to a change of the services provided, for example to install meters to charge for utilities rather than including utilities. If the landlord cannot obtain the agreement of the tenant(s) to the change, usually by a reduction in rent, the landlord may apply for an order from the ORT to allow the change and set the conditions. You may find more information on the Tenancy Agreements page.
All landlords who live outside the province are required to have an agent in Saskatchewan to whom the tenant may deliver notices or documents. They can do this by filling out the Power of Attorney - Non Resident Landlord form.
If an out-of-province landlord does not file a valid power of attorney with the Office of Residential Tenancies (ORT), or maintain an office in Saskatchewan where the landlord may be served, a tenant may serve the Director of the Office of Residential Tenancies with any notice intended for the landlord. If the ORT doesn't have a Power of Attorney from an out-of-province landlord, it is possible for tenants to serve a notice to vacate and for orders to be made against the landlord without the landlord receiving the notice to vacate or notice of a hearing.