Fighting Renoviction in Saskatchewan: Tenant Guide

If you’re renting in Saskatchewan and have received an eviction notice because your landlord claims they need to do major renovations, you might be facing what’s known as a renoviction. It’s important to know your rights and take the right steps to protect your home. This guide explains what renoviction means, the process landlords must follow, and how tenants in Saskatchewan can challenge an unfair eviction for renovations.

What Is a Renoviction?

A renoviction happens when a landlord tries to end a tenancy by claiming they need to do extensive repairs or renovations that require you to move out. While landlords have the right to make major improvements, they must follow the rules under Saskatchewan law, and not use renovations as an excuse to force tenants out for higher rents.

Your Rights as a Tenant Facing Renoviction in Saskatchewan

Under the Saskatchewan Residential Tenancies Act, 2006¹, landlords must give a valid reason and proper notice if they want to end your tenancy for renovations. Not all upgrades qualify. Simple updates like painting or new cabinets usually do not require eviction.

• Landlords must provide a written notice stating the reason for eviction and details about the renovations.
• Renovations must be so major that they can’t safely or reasonably be done with tenants living in the unit.
• You have the right to challenge the eviction if you believe the renovations don’t require you to move out or if you suspect the renoviction is being used unfairly.

It’s helpful to review Tenant Rights and Landlord Rights in Saskatchewan to understand the basics of your legal protections in these situations.

The Official Process for Renoviction in Saskatchewan

In Saskatchewan, the Office of Residential Tenancies (ORT) is the government body responsible for residential tenancy disputes. Their website and staff offer helpful resources and contacts for both tenants and landlords.

• Landlords must provide two months’ written notice for eviction due to major renovations.
• The notice must clearly state the renovation details, expected duration, why the work can’t be done with tenants present, and the effective date of termination.
• Tenants have the right to dispute a notice if they believe it is not genuine or necessary.

If you didn’t sign a new rental agreement after moving in, you’re still protected by these rules. Review What Tenants Need to Know After Signing the Rental Agreement for more on your ongoing rights.

How to Dispute a Renoviction Notice

You don’t have to accept the notice if you think the renovations don’t justify eviction or suspect your landlord is trying to increase rent or change tenants unfairly. Saskatchewan tenants can formally challenge a renoviction by applying to the ORT.

Key Steps to Challenge a Renoviction

• Contact your landlord in writing to request more information about the renovation, including the building permits and whether it is possible for tenants to remain during the work.
• Gather evidence: Take photos, keep copies of all notices and responses, and document your communication with the landlord.
• Apply to the Office of Residential Tenancies to request a hearing if you want to dispute the notice.

Filing an Application with the ORT

To officially dispute a renoviction, you’ll need to complete the Application for Hearing (Form 7) available on the office’s website². This form allows tenants to formally ask the ORT to review the eviction notice and decide if it’s valid.

• Form Name: Application For Hearing (Form 7)
• When to use it: If you want to challenge the eviction or have concerns about the legitimacy of the renovations
• How to file: Complete the form, include your evidence, and submit online, in person, or by mail to the Office of Residential Tenancies. There may be a filing fee.
• Official Source: ORT Application Forms

After you submit your application, a hearing will be scheduled where both you and your landlord can present your sides. The decision is legally binding.

Your Rights After the Renovation

If renovations are genuine and the tenancy is ended, Saskatchewan law does not guarantee you the right to return. However, if you believe the work was exaggerated or not actually done, you may report the situation to the ORT for review. Staying informed about Obligations of Landlords and Tenants: Rights and Responsibilities Explained will help you recognize if your rights have been ignored.

Looking for a New Place?

If you must move, explore your options early. Find rental homes across Canada on Houseme easily using interactive search tools, and make sure your next rental fits your needs and budget.

FAQ: Renoviction in Saskatchewan

1. What is considered “major renovation” for renoviction in Saskatchewan?
   Major renovation means work requiring the rental unit to be vacant for safety or practicality. Cosmetic changes are not considered major.
2. Can my landlord evict me for minor repairs?
   No, only major renovations that require an empty unit can justify eviction.
3. How much notice must my landlord give me?
   Landlords must give at least two months’ written notice for renovictions in Saskatchewan.
4. What if I don’t agree with the eviction notice?
   You have the right to dispute it by filing an Application for Hearing with the ORT.
5. Will I get my deposit back after a renoviction?
   Yes, if you leave the unit in good condition. Review the inspection process and requirements.

Key Takeaways for Tenants

• Landlords must follow strict rules before evicting for renovations.
• Dispute any renoviction you feel is unfair by applying to the Office of Residential Tenancies.
• Know your rights and responsibilities to avoid being wrongfully evicted.

Don’t hesitate to challenge notices that don’t meet the legal requirements – staying informed is your best protection.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): Offers forms, guides, and dispute resolution services.
• Saskatchewan Tenants’ Rights Information: Official government advice and resources.
• Community Legal Assistance Services for Saskatoon Inner City (CLASSIC): May provide legal help to tenants facing eviction.
• Read Tenant Rights and Landlord Rights in Saskatchewan for a full overview of your rights.

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1. Saskatchewan Residential Tenancies Act, 2006: Saskatchewan Residential Tenancies Act
2. Office of Residential Tenancies: Tribunal and Application Forms

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