If you’ve received an eviction order in Saskatchewan, you may still have time to protect your housing rights. The law provides tenants with an opportunity to appeal certain decisions made by the Office of Residential Tenancies (ORT). Understanding your options, the timelines, and the process can give you the best chance of overturning an eviction and maintaining your home.
Understanding Eviction Orders in Saskatchewan
Eviction orders are formal decisions issued by the Office of Residential Tenancies (ORT). This tribunal resolves disputes between tenants and landlords under the Residential Tenancies Act, 20061. Common reasons for eviction include non-payment of rent, lease violations, or the landlord requiring the unit for their own use.
What Happens When You Receive an Eviction Order?
When the ORT issues an eviction order against you, you may be given a set number of days to move out. However, you often have the right to appeal that order if you believe it was issued unfairly or in error. Acting quickly is crucial—as deadlines for appeals are strict.
Grounds and Deadlines for Appeal
Tenants can appeal an eviction order if they believe the decision was incorrect or that their legal rights weren’t properly considered. Appeals must be filed within 15 days of receiving the order in most cases.
- Appeal must be based on a legal or factual error
- The 15-day deadline begins when you are officially served with the eviction order
- Ignorance of the order or missing the deadline generally results in losing your right to appeal
How to File an Appeal: Step-by-Step
Appealing an eviction order in Saskatchewan involves submitting the correct paperwork to the Court of King’s Bench. Here’s how tenants can get started:
- Review the Eviction Order: Check the specific instructions, date of service, and reasons for eviction.
- Identify Grounds for Appeal: Clearly list why you believe the order should be changed (e.g., a mistake in fact, overlooked evidence, or a misinterpretation of the law).
- Complete the Notice of Appeal Form: Use the Notice of Appeal (Form 3) provided by the Court of King’s Bench.
- File and Serve Documents: Submit your Notice of Appeal at your local Court of King’s Bench and serve a copy to both the landlord and the ORT.
- Attend the Hearing: Be prepared to present your case and bring all supporting documents. You can represent yourself or have a legal representative.
For more detailed information on tenant rights and landlord obligations after a rental agreement, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Official Forms You’ll Need
- Notice of Appeal (Form 3): Used to formally appeal an eviction order. Download from the Government of Saskatchewan.
Example: If you were evicted for non-payment of rent, but you can prove you paid on time, file the "Notice of Appeal" with evidence (like bank statements) attached.
What Happens After You File an Appeal?
Once your Notice of Appeal is filed and served, your eviction order is usually stayed (paused) until the Court hears your case. You must continue to follow other parts of your rental agreement, like paying rent and keeping the unit in good condition.
- If your appeal is successful, the eviction order may be overturned, and you can remain in your rental unit.
- If your appeal is dismissed, you must comply with the original order and move out.
Understanding common issues that arise after filing an appeal can also be useful. See Common Issues Tenants Face and How to Resolve Them.
Related Rights and Further Steps
As a tenant, it's essential to be aware of your responsibilities throughout the process. To learn more about tenant and landlord rights in Saskatchewan, visit Tenant Rights and Landlord Rights in Saskatchewan. For more resources across Canada, you can Explore Houseme for nationwide rental listings.
Frequently Asked Questions (FAQ)
- How long do I have to appeal an eviction order in Saskatchewan?
The deadline is 15 days from the date the eviction order is served to you. It’s important to act quickly to protect your rights. - What is the Office of Residential Tenancies (ORT)?
The ORT is Saskatchewan’s tribunal that hears disputes between landlords and tenants, including eviction cases. - Do I have to move out while my appeal is being processed?
Usually, the eviction is paused ("stayed") once your appeal is filed, so you can stay in your rental until the appeal is decided. - Can I represent myself during the appeal?
Yes, tenants can represent themselves or hire legal help for the appeal hearing at the Court of King’s Bench. - What happens if I miss the deadline for appeal?
Missing the 15-day deadline generally means you lose your right to appeal. In limited, special cases you can ask for more time, but success is rare.
Key Takeaways for Saskatchewan Tenants
- You have the right to appeal eviction orders—but must act fast.
- The right forms and clear reasons are crucial for your appeal.
- The process involves specific steps and official documents—don’t wait until it’s too late.
Keep copies of all documents and be prepared for your appeal hearing.
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT) – Saskatchewan (official tribunal and resources)
- Public Legal Education Association of Saskatchewan (PLEA)
- Court of King’s Bench (filing your appeal)
- Tenant help lines and legal clinics are available through provincial and municipal resources for those needing advice
