Eviction Mistakes Tenants Should Avoid in Saskatchewan

Evictions can be stressful and confusing for tenants in Saskatchewan. Understanding your legal rights and responsibilities is the best way to prevent unnecessary mistakes that could put your housing in jeopardy. This guide explains the most common eviction pitfalls, key Saskatchewan rules, and practical steps to protect yourself in case of a dispute with your landlord.

Understanding Eviction in Saskatchewan: The Basics

In Saskatchewan, evictions are governed by The Residential Tenancies Act, 2006 and overseen by the Office of Residential Tenancies (ORT)^[1]. Landlords must follow exact legal procedures when asking a tenant to move out. As a tenant, you also have important rights and obligations throughout this process.

• Landlords can only end a tenancy for reasons allowed by law, such as non-payment of rent, significant damage, breaking the rental agreement, or the landlord moving in.
• Proper written notice must be given, using the correct forms and time periods.
• Tenants have a right to challenge unlawful or improper evictions by applying to the ORT.

For a full overview of rights and responsibilities, visit Tenant Rights and Landlord Rights in Saskatchewan.

Common Eviction Mistakes Tenants Make in Saskatchewan

Many eviction cases involve simple errors that could have been avoided. Watch out for these common mistakes:

• Ignoring or delaying response to eviction notices. Always read any notice carefully and act by the stated deadline.
• Not paying rent in full and on time. Keep proof of all rent payments in case of disputes. Our Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips explains this in detail.
• Assuming you can stay until a new place is found. If you do not move out after the effective date on a valid notice, legal enforcement may follow.
• Moving out without a written agreement or proper notice. Leaving voluntarily can sometimes impact your ability to claim your security deposit back or dispute the eviction.
• Not attending your hearing at the ORT. Missing a hearing often means the landlord’s application is accepted by default.

Eviction Notices and Official Forms in Saskatchewan

Your landlord must use official forms and procedures when starting an eviction. The main forms include:

• Notice to Vacate (Form 7A): This is the primary document for ending a tenancy. For non-payment of rent, landlords usually must provide a 14-day written notice. Find the official template and instructions here.^[2]
  Example: If you receive a 14-day notice for unpaid rent, you have that time to pay the overdue amount or move out before further action is taken.
• Application for Order of Possession: If a tenant does not move out after notice, the landlord can apply to the ORT using this application. The form is available on the official website.^[3]

Always review these documents for accuracy; mistakes can invalidate the eviction or delay the process.

Your Right to Dispute an Eviction

If you believe your landlord's notice is invalid, or the reason for eviction is unfair or untrue, you have the right to challenge it by applying to the ORT. After receiving a notice, act quickly and gather supporting documents (such as proof of payment, emails, or your lease).

Steps Tenants Should Take if Facing Eviction

1. Review the eviction notice for the reason, dates, and any errors. If details are missing or the time period is too short, the notice may not be valid.
2. Contact your landlord for clarification (if comfortable). Some disputes can be resolved amicably before reaching the tribunal stage.
3. Pay overdue rent immediately if possible, and keep receipts.
4. Apply to the ORT for a hearing if you wish to dispute the eviction, using the correct tenant form. Instructions and forms are on the ORT site.
5. Attend the hearing and bring all evidence (notices, receipts, correspondence).

Taking these steps promptly improves your ability to defend your rights or negotiate alternative solutions.

After the Eviction: Moving Out and Protecting Your Security Deposit

Whether you leave voluntarily or after a tribunal order, your landlord must follow legal procedures for returning your security deposit. Conduct a final inspection with your landlord and document the condition of the rental. For tips, read How to Get Your Security Deposit Back with Interest When Moving Out.

If your landlord withholds your deposit unfairly, you can apply to the ORT for its return.

Summary: Avoiding Common Eviction Pitfalls

Knowing Saskatchewan’s rules on notices, acting quickly, and understanding your rights are the best ways to avoid costly eviction mistakes.

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1. Can my landlord evict me without a written notice in Saskatchewan?
   No. Your landlord must provide a written notice with the legal reason, required dates, and be served correctly according to The Residential Tenancies Act, 2006.
2. How much notice does a landlord have to give for non-payment of rent?
   For non-payment, landlords are required to give a minimum 14-day written notice before taking further steps.^[2]
3. What if I pay my overdue rent after receiving an eviction notice?
   If you pay the full amount within the notice period and have not received repeated notices, the eviction may be cancelled. Keep proof of payment.
4. What happens if I disagree with the landlord’s reason for eviction?
   You have the right to apply to the Office of Residential Tenancies to dispute the eviction and present your evidence at a hearing.
5. Can I get my security deposit back after eviction?
   Yes, if the rental unit is left clean and undamaged, your landlord should return your deposit according to the law. Disputes over deposits can be addressed through the ORT.

1. How do I respond to an eviction notice in Saskatchewan?
   Read the notice carefully, confirm if it’s valid, act by the deadline (such as paying overdue rent), and if you disagree, apply to the ORT for a hearing.
2. How do I apply to dispute an eviction with the ORT?
   Download the tenant application form from the ORT’s official forms page, fill it out with your information and evidence, and submit it online, by mail, or in person before the eviction date.
3. How to prepare for a rental hearing?
   Gather all documents (notices, emails, lease, payment receipts). Be ready to clearly explain your position and provide evidence to support it. Attend the hearing on time.

• Always review eviction notices immediately and keep a record of communications.
• Pay rent in full and on time; if you cannot, communicate with your landlord and seek help early.
• Know your appeal rights with the Office of Residential Tenancies in Saskatchewan.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): For dispute resolution, forms, guidance, and complaints.
• Saskatchewan Tenant Rights and Responsibilities: Official information on tenant protections.
• Community Legal Assistance Services for Saskatoon Inner City (CLASSIC): Provides free legal advice for tenants in Saskatoon, classiclaw.ca.
• Read the full Tenant Rights and Landlord Rights in Saskatchewan guide for more information.

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1. Office of Residential Tenancies (ORT) Saskatchewan
2. Official Notice to Vacate (Form 7A), Saskatchewan
3. Application for Possession - Landlord Forms
4. The Residential Tenancies Act, 2006 (Saskatchewan)

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