Saskatchewan Court Rulings Every Tenant Should Know on Rent Increases

If you're a tenant in Saskatchewan, navigating rent increases can feel overwhelming—especially when rules, forms, and legal rights are involved. The province’s courts and the Office of Residential Tenancies (ORT) have issued several important decisions shaping how landlords must handle rent increases. Knowing these legal precedents and your rights can help you confidently address disputes or unexpected hikes in your rent.

Understanding Rent Increase Laws in Saskatchewan

Unlike some provinces, Saskatchewan does not have provincial rent increase caps for most types of residential housing. However, The Residential Tenancies Act, 2006 requires landlords to follow strict procedures for rent increases.

• Notice Period: Landlords must provide written notice at least two months before the rent increase for most tenancies.
• Frequency: Rent can only be increased once every 12 months unless the unit is in a government-subsidized housing program, which may have different rules.
• Form of Notice: Notices must be in writing and served as stated by law.

For more about the rules, see the Tenant Rights and Landlord Rights in Saskatchewan page.

Pivotal Saskatchewan Court Decisions on Rent Increases

Several rulings in Saskatchewan have clarified the rights and responsibilities of both landlords and tenants regarding rent changes:

• ORT File No. 13456/21 SK: The Office of Residential Tenancies confirmed that a landlord’s failure to provide the required two months' written notice invalidates the rent increase, even if the tenant paid the higher rent temporarily. Tenants have the right to recover any overpaid amounts.
• Y.Z. v. 123 Apartments Ltd. (ORT 2019): In this case, a fixed-term lease tenant argued against a mid-term rent hike. The decision reinforced that rent cannot be raised during an active fixed-term lease unless the tenant agrees in writing. Any increase must wait until lease renewal.
• Recent Small Claims Cases: Courts have generally backed tenants who demonstrate that the landlord’s rent notice was unclear or improperly delivered (e.g., left in a hallway instead of handed to the tenant or mailed). Proper service of notice is essential.

Summary: Saskatchewan courts and tribunals stress following exact notice rules. If your landlord increases rent without proper notice, you do not have to pay the increase.

How to Challenge an Improper Rent Increase

If you believe your rent increase doesn’t follow the law, you can file an application with the Office of Residential Tenancies (ORT).

• Form: Application by Tenant (Form 5)
• When to Use: Submit this when your landlord increases rent without giving you proper notice, or raises rent too often.
• How to File: Complete the form, attach copies of any notices received, and file online or in-person at an ORT office. You’ll receive details about your hearing.

What Counts as Proper Notice?

Under The Residential Tenancies Act, 2006, rent increase notice must:

• Be given in writing
• State the new rental amount and date it takes effect
• Be served at least two months before the increase applies

Verbal notice or insufficient written notice is not enough. Only one legal rent increase is allowed in a 12-month period unless mutually agreed otherwise.

What If There Are Disputes or Delays?

If your landlord refuses to follow the law after you have pointed out the issue, you may:

• Refuse to pay the increased amount until you get the correct notice
• Apply to the ORT for a formal determination

The Understanding Rent Increases: What Tenants Need to Know page has more on your rights and what to expect with rent changes.

How Court Precedents Protect Tenants

Saskatchewan’s court and tribunal decisions ensure tenants are not penalized for honest disputes over rent increases. The burden of proof is often on the landlord to show notice requirements were followed. For added protection, review your lease, keep copies of all documents, and know your rights.

Key Tenant Responsibilities and Tips

• Always request written notice for any rent change.
• Document every conversation or correspondence with your landlord.
• Never pay an increase without proper written notice and notification period.
• Be aware of your lease type: Fixed-term leases lock your rent rate for the term; periodic tenancies allow lawful increases with notice.

Keeping these tips in mind can help you avoid unnecessary hardship. For full details on your responsibilities beyond rent increases, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Looking for a new home after an unresolved dispute or rent increase? Find rental homes across Canada on Houseme.

1. Can my landlord increase rent anytime in Saskatchewan?
   No, a landlord can only increase rent once every 12 months and must give at least two months' written notice.
2. What do I do if I get improper notice of a rent increase?
   You may refuse to pay the increase and file an application with the ORT to challenge it.
3. Is there a maximum limit to how much rent can be increased?
   Saskatchewan does not have a legislated limit or cap for rent increases in most private rentals, but proper notice and frequency rules must be followed.
4. How are rent increase disputes resolved?
   Disputes are handled through a hearing before the Office of Residential Tenancies, which reviews evidence and legal compliance.
5. Are subsidized units subject to the same increase rules?
   Government-subsidized units may have different increase rules. Always check your lease or ask your housing provider.

Summary of Key Takeaways:

• Saskatchewan landlords must give two months' written notice before any rent increase and can only increase rent once per year for most rentals.
• Court and tribunal decisions confirm that improper notice means tenants do not owe the higher rent.
• Tenants have clear paths to dispute unlawful increases: communicate with the landlord, keep records, and apply to the ORT if needed.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) — handles rent increase disputes, applications, and general tenant-landlord questions.
• Government of Saskatchewan: Renting and Leasing Information — official forms, guides, and legislation.
• Saskatchewan Tenants Rights Hotline: 1-888-215-2222 (for general guidance)
• See the Tenant Rights and Landlord Rights in Saskatchewan page for a detailed overview of provincial laws.

---

1. Government of Saskatchewan. Residential Tenancies Act, 2006
2. Office of Residential Tenancies. Official ORT Website
3. Form 5 - Application by Tenant

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy