Applying with a Guarantor for a Saskatchewan Rental: Legal Guide
Finding a new rental home in Saskatchewan can be daunting, especially if you’re asked to provide a guarantor on your lease application. In this guide, you'll learn what a guarantor is, when a landlord might request one, your legal protections as a tenant, and how the rental process works under Saskatchewan law. Whether you’re a first-time renter or facing credit challenges, this plain-language legal guide will help you confidently navigate applying for a rental with a guarantor.
What Is a Guarantor and When May You Need One?
A guarantor is someone who promises to pay your rent or cover damages if you are unable to meet your obligations under the lease. Landlords in Saskatchewan often request a guarantor if you don’t meet certain application criteria, such as steady employment, good credit, or rental history. This is common for students, newcomers, and those with limited income.
When Landlords May Request a Guarantor
- Insufficient or no rental history
- Low or no credit history
- Unstable or low income relative to rent
If you’re in any of these situations, being prepared to apply with a guarantor can increase your chances of securing a rental home in Saskatchewan.
Legal Protections for Tenants Applying with a Guarantor in Saskatchewan
Saskatchewan’s rental laws, governed by the Office of Residential Tenancies (ORT), ensure fair treatment of both tenants and landlords. The principal legislation is the Residential Tenancies Act, 2006[1]. This Act does not prohibit landlords from requiring a guarantor but does require that all rental agreement terms—including guarantor responsibilities—are reasonable and in writing.
What Should Be in a Guarantor Agreement?
- The guarantor’s full legal name and contact information
- A detailed explanation of what the guarantor is responsible for (rent, damages, both)
- The duration of the guarantor’s obligation (usually for the length of the lease)
Always read and understand any guarantor agreement before signing, and consider seeking independent legal advice. Guarantors are not automatically responsible for all tenant actions—only what’s specified in the contract.
Key Steps: Applying for a Rental with a Guarantor in Saskatchewan
- Inform your prospective guarantor: Make sure they understand the responsibilities and risks.
- Provide required documentation: This usually includes identification and proof of income for both you and your guarantor.
- Read the rental agreement and guarantor forms: Ensure all terms are clear and in writing.
- Sign the documents: You and your guarantor will likely sign the lease and/or a separate guarantor agreement.
- Keep copies for your records.
Official Forms and Where to Find Them
Saskatchewan does not have a “standard” provincial guarantor form. Most landlords create their own, but all documents must comply with the Residential Tenancies Act, 2006. Always ask for a copy of any agreement you and your guarantor sign.
If there’s a dispute about your guarantor’s responsibilities or the legality of the agreement, either you or your guarantor can file an application with the Office of Residential Tenancies (ORT) using their Application or Hearing Request (Form 5). For example, if you believe a landlord is unfairly holding your guarantor liable for damages that occurred after your lease ended, you can request an ORT hearing to resolve the issue. Find the application form here.
Practical Tenant Example
If a landlord asks you to provide a guarantor, ask them what information and forms are needed. Review all paperwork with your guarantor, and only sign when you both fully understand the terms. If you need to challenge a term or decision, consider an ORT application as described above.
Frequently Asked Questions
- Can a landlord refuse my application if I don't have a guarantor?
Yes, landlords in Saskatchewan are allowed to require a guarantor based on their legitimate screening criteria. However, they must not discriminate on protected grounds such as age, family status, or disability. - Is my guarantor legally responsible for everything I do?
No. A guarantor is only legally responsible for what’s explicitly stated in the signed agreement—usually unpaid rent or damage during your lease term. - What happens if my guarantor can’t pay?
If you default and your guarantor can't pay what's owed, the landlord may pursue both you and the guarantor for the debt, including seeking repayment through legal action. - Can my guarantor withdraw during the lease?
Generally, guarantor agreements last for the full lease term. Withdrawal is only possible if the landlord agrees in writing or if the lease is renewed and a different agreement is made. - Where can I find more information about tenant rights in Saskatchewan?
See Tenant Rights and Landlord Rights in Saskatchewan for a comprehensive overview of your rights and obligations in this province.
Conclusion: Key Takeaways for Saskatchewan Tenants
- Landlords may require a guarantor if you do not meet standard application criteria.
- Make sure guarantor obligations are clear, documented, and only cover specified liabilities.
- If there’s a dispute, you can apply to the Office of Residential Tenancies for help.
- Always read and keep copies of all documents signed by you and your guarantor.
Applying with a guarantor can help you secure a rental, but always ensure your rights are protected before signing any agreements.
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT): Saskatchewan’s official board for rental disputes and questions: Learn about ORT and tenant dispute resolution
- Residential Tenancies Act, 2006: Review your legal rights and protections: Download the Act (PDF)
- Find rental homes across Canada on Houseme: Find rental homes across Canada on Houseme
- Understanding Rental Deposits: What Tenants Need to Know: Understanding Rental Deposits: What Tenants Need to Know
- Tenant Rights and Landlord Rights in Saskatchewan: Tenant Rights and Landlord Rights in Saskatchewan
- Residential Tenancies Act, 2006 (Saskatchewan)
- Office of Residential Tenancies (ORT), Government of Saskatchewan
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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