Evicting a roommate can be a challenging—and sometimes emotional—situation for tenants in Saskatchewan. If you're facing problems such as unpaid rent, disruptive behaviour, or other breaches of agreement, it's important to know your rights, responsibilities, and the proper legal steps to protect yourself. This guide explains how Saskatchewan tenants can evict a roommate legally and where to turn for help.
Who Is Legally Considered a Roommate in Saskatchewan?
In Saskatchewan, a "roommate" refers to someone who shares your rental unit but is not named on the formal lease agreement with the landlord. If both you and your roommate are listed on the lease, you are generally considered co-tenants and must follow separate eviction procedures. Most often, tenants wish to remove a roommate who is not on the lease or is subletting a room.
Can Tenants Evict a Roommate in Saskatchewan?
As a tenant, your ability to evict a roommate depends on your agreement and the lease type:
- If your roommate is not on the lease and you are the primary tenant, you generally have the right to ask them to leave.
- If you and your roommate are both on the lease, only the landlord (not another tenant) can issue a legal eviction.
- If you have a subtenancy arrangement, you act as a landlord to your roommate and must follow formal eviction procedures.
It’s important to review your rental agreement before taking action. For more on tenant and landlord duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Legal Grounds for Evicting a Roommate
You may seek to evict a roommate for reasons such as:
- Non-payment of their share of rent or utilities
- Violation of house rules (noise, cleanliness, etc.)
- Threats, harassment, or illegal activities
- Health and safety risks
Be sure to document incidents and provide written notice wherever possible.
Step-by-Step: How to Remove a Roommate
1. Try to Resolve the Issue Informally
Often, an honest conversation can solve disputes. Consider discussing the issues and proposing a timeline for your roommate to move out. Agreements in writing are recommended.
2. Give Written Notice (If You Are the Legal Tenant or Sublandlord)
If your roommate is unwilling to leave, provide them with written notice. The notice should include:
- Reason for eviction
- Date by which they must leave (usually 30 days is fair, unless safety is at risk)
- Your signature and the date
3. Filing for Formal Eviction (For Subtenancy Arrangements)
If you are subletting, Saskatchewan law treats you as a landlord to your roommate. Here’s how to proceed:
- Review the Residential Tenancies Act, 2006 for legal reasons and notice requirements.[1]
- Provide written notice as required by the Act (for non-payment: at least 14 days; for other breaches: as per the type of violation).
- If the roommate does not vacate, file an 'Application for an Order of Possession' (Form 7) with Saskatchewan's Office of Residential Tenancies (ORT).[2]
Example: "Sam's roommate stopped paying their share of utilities. After a written 14-day notice didn't work, Sam submitted Form 7 to the ORT to seek an official eviction."
4. Attend the Hearing
The ORT will schedule a hearing where both sides can present evidence. If the order is granted and the roommate still refuses to leave, enforcement is managed through the sheriff's office.
What If Your Name Is Not on the Lease?
If you are not the main tenant and your name isn’t on the lease, only the landlord or prime tenant can remove you. If you feel you’re being unfairly asked to leave, you may wish to seek advice or assistance from tenant support agencies.
Important Forms for Evicting a Roommate in Saskatchewan
- Written Notice to Terminate Tenancy: Prepare your own letter stating reasons and move-out date. Keep a copy for your records.
- Application for an Order of Possession (Form 7): Used to legally request an order from the Office of Residential Tenancies if a roommate doesn't leave after notice. Download Form 7
Make sure your notices comply with the Residential Tenancies Act, 2006.
Know Your Broader Tenant Rights
It's helpful to review your rights in Saskatchewan, including protections around rent, privacy, and shared housing. See the full overview at Tenant Rights and Landlord Rights in Saskatchewan for more provincial specifics.
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Frequently Asked Questions
- Can I remove a roommate without going to court?
In most informal roommate relationships where only one person is on the lease, you can ask your roommate to leave after giving proper notice. For sublets or formal arrangements, legal steps through the ORT may be required. - What if my roommate refuses to pay their share of rent?
If you are both on the lease, notify the landlord. If you are the primary tenant/sublandlord, you must give written notice and, if necessary, apply to the ORT to resolve it. - How much notice do I need to give my roommate?
For non-payment of rent in a subletting situation, at least 14 days’ written notice is standard. For other reasons, 30 days' notice is often used but check what’s reasonable for your situation. - What happens if my roommate will not leave after legal notice?
You must apply to the Office of Residential Tenancies for an Order of Possession. If granted and the roommate stays, the sheriff can enforce the order. - Are there risks if I change the locks myself?
Changing locks without following legal eviction steps can expose you to liability. Always use the official process with notice and, when needed, the ORT.
Key Takeaways for Tenants
- Always try to resolve disputes with your roommate informally first, and in writing if possible.
- Follow proper legal notice procedures before seeking official eviction through the Office of Residential Tenancies.
- Keep documentation of all steps and communications to protect your rights.
For more on what to expect after eviction or when a roommate moves out, see What Tenants Need to Know After Signing the Rental Agreement.
Need Help? Resources for Tenants
- Residential Tenancies Act, 2006 (Saskatchewan)
- Office of Residential Tenancies (ORT) – Saskatchewan’s tribunal for rental disputes; provides forms, mediation, and contact details.
- Saskatchewan Landlord and Tenant Support Centre: 1-888-215-2222
- Tenant Rights and Landlord Rights in Saskatchewan for comprehensive provincial rights info.
