How to Delay an Eviction in Saskatchewan Legally
If you are facing eviction in Saskatchewan, it's important to know that you have legal rights and options. Understanding how to delay an eviction lawfully can give you more time to resolve issues, gather evidence, and possibly remain in your home. This guide walks you through legal steps recognized under Saskatchewan law so you can approach the situation with confidence.
Understanding the Eviction Process in Saskatchewan
Saskatchewan’s eviction process is governed by the Office of Residential Tenancies (ORT), using the Residential Tenancies Act, 2006[1]. Landlords must follow specific legal steps for eviction before a tenant can be required to leave a rental property.
- Eviction can only take place with proper written notice or an order from the ORT
- Common reasons include unpaid rent, property damage, or repeated disturbances
- You must receive a formal notice, and you may contest or delay the eviction
For an in-depth look at tenant and landlord rights in the province, see Tenant Rights and Landlord Rights in Saskatchewan.
Immediate Steps if You Receive an Eviction Notice
Getting an eviction notice can be stressful, but acting quickly and appropriately is crucial. In Saskatchewan, tenants can delay or challenge eviction by:
- Negotiating directly with your landlord
- Filing a dispute or response with the ORT
- Applying for a stay of eviction if an order has already been issued
Ensure you read all documents carefully and do not ignore official notices.
Lawful Ways to Delay an Eviction
There are several legal avenues to delay (or challenge) an eviction in Saskatchewan:
1. Negotiate with Your Landlord
Open communication can sometimes prevent eviction. Discuss possible payment plans or solutions, especially if the notice stems from rent issues. Understanding your obligations as a tenant can help in these discussions – see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
2. File a Dispute with the Office of Residential Tenancies
If you believe your eviction is not justified, you can apply to the ORT for a hearing. This process can slow down the eviction and allow you to present your side.
- Use Form 6: Application for a Hearing (download the form here)
- This form is used to request the ORT to hold a hearing regarding any disagreement, such as wrongful eviction or other tenancy disputes
- Example: If you receive a notice for unpaid rent but believe there was a payment or a misunderstanding, fill out Form 6 and submit it with supporting evidence
You may also need to gather receipts, communication logs, or photographs as evidence.
3. Apply for a Stay of Eviction Order
If the ORT has already ordered your eviction, you can apply for a stay (temporary halt) of that order. This delays enforcement and gives you more time to prepare or find a new place.
- Use Form 9A: Application for a Stay of Possession Order (official download)
- Submit this form to the ORT before the eviction date, giving reasons why a delay is necessary (e.g., medical emergency, awaiting alternative housing)
- The ORT will review your application and may schedule a quick hearing
Key tip: You must act quickly. Stays are rarely granted at the last minute.
4. Attend the ORT Hearing and Present Evidence
At the hearing, present your case clearly. Bring evidence, such as proof of payment, communication records, or documentation of repairs needed. The ORT considers both sides and may decide to delay, suspend, or cancel the eviction depending on evidence and circumstances.
5. Seek Additional Support or Legal Advice
If your situation is complex (such as a discrimination claim or health/safety issue), consider contacting a local tenant support group or legal aid clinic. Sometimes, these organizations can help advocate for more time or alternative solutions.
Understanding Your Rights During the Eviction Process
Even if you’re facing eviction, you still have rights. The landlord must give proper notice, follow the law, and not remove your belongings or change the locks without an official order from the ORT. Review Saskatchewan's rules to be aware of timelines and allowable grounds for eviction.
Documentation and respectful communication with your landlord or the ORT are your best tools to ensure a fair process and, if needed, delay an eviction lawfully.
Useful Links and Forms for Tenants
- Form 6: Application for a Hearing
- Form 9A: Application for a Stay of Possession Order
- Saskatchewan Renters' Rights and Responsibilities (provincial guide)
- Explore Houseme for nationwide rental listings
FAQ: Delaying Eviction in Saskatchewan
- Can I be forced out of my rental without a court or tribunal order?
No. Landlords in Saskatchewan cannot evict you without an official order from the Office of Residential Tenancies (ORT). If you receive only written or verbal notice, you are not legally required to leave unless the ORT issues an order. - What if I apply for a stay of eviction—how long can I delay?
A stay of eviction pauses enforcement of the order temporarily. The length depends on what is granted by the ORT, typically ranging from a few days to a couple of weeks, and is not guaranteed. - How quickly should I act after receiving an eviction order?
Immediately. Delays in filing forms or requesting a hearing may limit your ability to slow down the process or exercise your rights. File all forms as soon as possible after receiving notice or an order. - Can I still challenge an eviction if I owe rent?
Yes. You may offer to pay the arrears or present evidence of payment or a payment plan. The ORT will consider your circumstances at the hearing. - Where can I get help with completing the necessary forms?
In addition to the ORT, you can ask for assistance from tenant advocacy groups or Saskatchewan Legal Aid.
Conclusion and Key Takeaways
- Acting quickly and understanding your rights are crucial to lawfully delaying an eviction in Saskatchewan.
- Use official ORT forms (such as Form 6 and Form 9A) to file disputes or request a stay of eviction.
- Always communicate respectfully and document your case thoroughly for the best outcome.
Knowing your rights early can help keep you in your home safely and legally.
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT) – Main Saskatchewan housing tribunal (inquiries, applications, hearings)
- Saskatchewan Renters' Rights and Responsibilities
- Legal Aid Saskatchewan
- For landlord-tenant issues or general support, see Tenant Rights and Landlord Rights in Saskatchewan
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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