When faced with an eviction notice, a tenant’s rights in Saskatchewan are very similar to the other Canadian provinces. Basically, there are limited reasons for a landlord to evict a tenant in Saskatchewan. And, even if the landlord has a good reason, they still have to follow the correct process.
Here, we’ll explain that process, as well as the rights a tenant in Saskatchewan has when they receive a notice to vacate.
You may also want to check out our main article on evictions if you run into a term you’re unfamiliar with, too.
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Once a tenant in Saskatchewan is 15 days late paying the rent, their landlord can evict them immediately. They would do so by serving the tenant an Immediate Notice to Vacate and Notice of Arrears. This notice, as implied by the name, instructs the tenant to vacate their rental unit immediately.
After serving this notice, the landlord must apply to the Office of Residential Tenancies (ORT) for possession of the unit. Once they have, the ORT will hold a hearing at which the landlord and tenant can present their side of the case. After this hearing, the ORT will issue a decision and order as to whether the tenant needs to vacate.
Despite the “immediate notice,” a tenant can stay in the rental unit until the hearing is complete and a decision is reached. After the ORT issues an order, either party usually has 30 days to appeal it, except in the case of possession orders, which must be appealed within the time given on the notice. The tenant can remain in the rental unit until the appeal process is complete, though they still owe rent for the entire time.
When it comes to unpaid utilities, the process is essentially the same. However, the landlord must first serve the tenant notice of the unpaid utilities, which they have 15 days to address before the landlord can serve an Immediate Notice to Vacate.
To evict a tenant for virtually any reason other than non-payment of rent, the landlord must give at least one months’ notice. Unlike with non-payment, however, the landlord must give their tenant reasonable time to correct any issues (assuming it’s possible to correct them). The exception to this rule is smoking; if a landlord evicts a tenant for smoking in a non-smoking rental unit, the landlord doesn’t need to offer this grace period.
To evict a tenant for cause, the landlord would serve them a Notice to Vacate form. If the tenant wishes to dispute the notice, they must complete the dispute notice on the same form and return it to the landlord within 15 days. If they don’t, it’s assumed that they’ve accepted the eviction.
If the tenant does dispute the eviction, the landlord will apply for a hearing with the ORT—essentially the same process as described above for non-payment evictions.
Only once the ORT has issued a decision will the tenant have to move out (or not).
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