Can Your Landlord Cancel a Lease Before You Move In? Saskatchewan Tenant Guide

Signing a lease for a new rental home in Saskatchewan is a significant step, but what happens if your landlord tries to cancel the lease before you move in? Knowing your rights and the rules in Saskatchewan can help you navigate this stressful situation and ensure you aren't left without options. This guide covers your rights, key steps to protect yourself, and official resources for tenants in Saskatchewan.

Can a Landlord Cancel a Lease Before Move-In? Understanding Saskatchewan Law

In Saskatchewan, once a residential lease agreement is signed by both the landlord and tenant, it becomes a legally binding contract. The primary law governing this is The Residential Tenancies Act, 2006, administered by the Office of Residential Tenancies (ORT). Neither the landlord nor the tenant can cancel the lease without following proper legal procedures unless both parties mutually agree.

When Can a Landlord Legally Cancel?

• Mutual Agreement: If both you and your landlord agree in writing to cancel before move-in, the lease may be voided.
• Tenant Breach: If you breached a condition (e.g., provided false information), the landlord might seek to terminate, usually requiring an application to the ORT.
• Frustration of Contract: Extreme situations where the property becomes uninhabitable (e.g., destroyed by fire) might void the contract.

Landlords cannot simply change their mind after signing. They must follow the law and, where needed, seek an order from the ORT.

What If the Landlord Finds a Different Tenant or Wants to Raise the Rent?

In Saskatchewan, finding another tenant, raising the rent before move-in, or backing out for convenience after signing is not valid grounds to unilaterally end the contract. If this occurs, you may pursue remedies through the ORT.

What Should Tenants Do If the Landlord Cancels the Lease?

If your landlord informs you that your lease is cancelled before your move-in date and you have not agreed, take the following steps:

• Ask for written notice – get clear documentation from your landlord.
• Contact the Office of Residential Tenancies for advice.
• Keep records of payments, signed lease, and all communications.
• If you have paid a deposit, Understanding Rental Deposits: What Tenants Need to Know can help you learn about getting it returned.
• Consider filing a claim with the ORT to enforce the agreement or seek compensation for losses (e.g., extra moving costs).

Key Forms and How to Use Them

• Application to the ORT (Form 7 – Application to Determine a Dispute):
  Use this form to ask the ORT to resolve issues relating to cancelled leases, security deposit disputes, or compensation. Access it on the official ORT Form 7 page.
  Example: If your landlord tries to cancel your signed lease and refuses to return your deposit, submit Form 7 with supporting documents.

Your Rights After Signing the Agreement

The moment you and your landlord both sign, your lease is protected by law. To learn what happens next, check out What Tenants Need to Know After Signing the Rental Agreement. The landlord cannot simply revoke your right to move in, and attempts to do so may entitle you to remedies, including financial damages.

Applicable Law for Saskatchewan

The Residential Tenancies Act, 2006 (Saskatchewan) establishes all rights and obligations for both parties. This legislation references the rules for lease creation, termination, and remedies available to tenants and landlords.^[1]

Tenants: Always keep your signed lease, deposit receipts, and any written communication. If a landlord stops you from moving in, reach out to the ORT as soon as possible.

For those searching for a new place due to cancelled leases, you can Find rental homes across Canada on Houseme for your next apartment, house, or condo.

Related Provincial Rights

See a complete overview of tenant and landlord responsibilities on Tenant Rights and Landlord Rights in Saskatchewan.

FAQ: Tenant Questions About Lease Cancellations in Saskatchewan

1. Can a landlord legally cancel my lease before the move-in date in Saskatchewan?
   No, unless both parties agree or there is a legal ground (like tenant breach), a signed lease is binding.
2. Do I get my deposit back if my landlord cancels the lease before I move in?
   Yes, you are generally entitled to your deposit back unless the cancellation was due to your breach. Learn more from Understanding Rental Deposits: What Tenants Need to Know.
3. What should I do if my landlord refuses to let me move in after we signed a lease?
   Keep all documents and contact the ORT. You may file a claim for compensation.
4. How can I start a dispute if my landlord breaks the lease before move-in?
   Fill out Form 7 and submit it to the Office of Residential Tenancies, including all evidence.
5. Is my lease valid if I haven't moved in yet?
   Yes, the lease is valid from the date signed by both parties, not the move-in date.

Key Takeaways

• Once both parties sign a lease in Saskatchewan, it is legally binding, even before move-in.
• Landlords cannot cancel a lease at will; proper procedures or mutual agreement are required.
• Tenants should preserve all documents and contact the ORT if the landlord tries to cancel.

If your landlord tries to cancel your lease, know your rights and act quickly to protect yourself.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) – Information, dispute application forms, and contact details
• Government of Saskatchewan: Housing and Renting – Official housing resources
• The Residential Tenancies Act, 2006 – Read the complete legislation
• Legal Aid Saskatchewan – Support and advocacy for tenants

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1. Residential Tenancies Act, 2006 (Saskatchewan) - Government of Saskatchewan
2. Office of Residential Tenancies

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