No increases are allowed during a fixed-term lease unless the landlord and the tenant agree to the amount of the increase and when an increase is to come into effect at the time they enter into the fixed term tenancy.
Landlords must inform the tenant at least two months before the end of the tenancy, whether or not they are willing to renew the lease. If a landlord is willing to renew a term lease, the notice must include the proposed terms of renewal, including any change in rent. The notice must be given in a Term Tenancy – Two Month Notice of Intention form.
The landlord may not withdraw the offer. The offer is deemed to be rejected by the tenant if not accepted within 30 days, and the tenant must vacate at the end of the term.
Periodic tenancies are week-to-week, month-to-month or any other term that will continue until terminated by proper notice or by agreement.
Any notice of rent increase for a periodic tenancy must be given in writing using the Notice of Rent Increase form or Form 5a - Notice of Rent Increase for Approved Landlord Association Members. The required notice of a rent increase is one year. Members of the Saskatchewan Landlord Association Inc. (SKLA) (formally Saskatchewan Rental Housing Industry Association Inc.) and the Network of Non-Profit Housing Providers of Saskatchewan Incorporated (NPHPS) may give six months notice of a rent increase.
The SKLA offers a Tenant Assistance Process (TAP) for tenants facing a substantial rent increase. For information on TAP, visit the SKLA website. To determine if your landlord is a member of SKLA, you can email firstname.lastname@example.org.
|Requirement||Non-members||Members of SKLA
|Notice of rent increase||One year||Six Months|
|Time between rent increases||One year||Six Months|
|New tenancies – No notice of rent increase during the first...||Six months||Six months|
|New tenancies – Earliest possible rent increase...||18 months||One year|
A notice of rent increase delivered during the first six months of a new tenancy will be deemed to be delivered at the end of the six months.
These rules apply equally to mobile home parks.
If a landlord gives an improper notice of rent increase (notice period is too short, or notice given before the landlord is entitled to give the notice), the landlord is bound by the rent increase but it does not take effect until such later date that complies with the notice requirements.
If insufficient notice is given, the tenant is entitled to a refund of any increase in rent paid without proper notice and may deduct the overpayment from future rent payments, if not refunded.
If you are facing a significant rent increase, you may have a couple of options. The Tenant Assistance Process (TAP), through SKLA, provides a process to assist tenants who have received a substantial rent increase.
You may also contact your local housing authority about eligibility for and availability of subsidized housing.
Consequences of Breaking a Term Tenancy
A party who breaks a contract is obligated to compensate the other party for any damages caused by the breach of contract. In simple situations, a tenant who leaves before the end of a term lease may be obligated to pay rent for the balance of the term. However, landlords must make reasonable efforts to find another tenant and avoid any loss.
Under the law, landlords have the right to enforce "liquidated damages," which is an amount stated in a contract as payable in the event of a breach. Liquidated damages must be a reasonable estimate of the potential damages that will occur if the tenancy agreement is broken, or the amount will not be enforceable. No proof of actual damages is required and the amount is payable even if the actual damages are significantly greater or smaller.
It may be difficult to set an appropriate amount for liquidated damages for a breach of tenancy agreement because the potential rent loss is higher at the beginning of an agreement and diminishes as time passes.
You may wish to contact a lawyer to discuss your particular situation.