Understanding your rights as a tenant in Saskatchewan is crucial, especially when it comes to what your landlord can—and cannot—put in your lease agreement. Some clauses often added to leases are actually unenforceable, even if both parties signed. Learning about illegal lease clauses can help protect you from unfair practices and ensure your rental experience is smooth and safe.
What Makes a Lease Clause Illegal?
In Saskatchewan, lease agreements (also called residential tenancy agreements) are governed by the Office of Residential Tenancies and must comply with the province's Residential Tenancies Act, 2006[1]. Any clause that conflicts with this legislation or takes away a right guaranteed to tenants is considered void and unenforceable.
Examples of Common Illegal Lease Clauses
- "No Pets" Clauses: Landlords may prohibit pets in new leases, but existing tenants often retain rights unless the building is designated pet-free or there are safety/health concerns. However, service animals cannot be banned under provincial human rights law.
- Waiving Right to Privacy or Notice: Any clause letting the landlord enter your home without proper written notice (usually 24 hours, except emergencies) is illegal.
- Requiring You to Pay for All Damages Regardless of Cause: Tenants are only responsible for damages they, their guests, or pets cause. You can't be held responsible for normal wear and tear.
- Prohibiting Guests: Lease terms that ban overnight guests or require landlord approval for visitors are unenforceable. Restrictions may apply only for extended stays, not casual visits.
- Unreasonable Cleaning or Maintenance Requirements: Clauses demanding professional cleaning or non-standard maintenance beyond the law are considered void.
- Forbidding Children or Families: Any "adults-only" or "no children" rules are discriminatory and illegal.
The Residential Tenancies Act automatically invalidates any provision that reduces or waives your basic rights as a tenant.
Security Deposits and Illegal Clauses
Your lease cannot require security or damage deposits above one month’s rent, or make deposit refunds dependent on unreasonable conditions. Learn more about your deposit rights in Understanding Rental Deposits: What Tenants Need to Know.
Filing a Complaint or Dispute
If you encounter an illegal clause or your landlord tries to enforce it:
- Talk to your landlord and point out the clause is not allowed under the Residential Tenancies Act, 2006.
- If the issue isn't resolved, you may file an application with the Office of Residential Tenancies.
You’ll need to use the "Application for an Order" form (Form 7). This form is used when seeking a decision regarding your tenancy, such as having an illegal clause declared void. Download the form and instructions from the ORT Forms page. Include supporting evidence (the lease, your communications, etc.) and submit your application to the Office. The tribunal will review and issue a ruling.
What Happens During a Hearing?
The Office of Residential Tenancies will set a hearing date, review evidence, and decide if the clause is illegal and unenforceable. If they rule in your favour, your landlord must comply—they cannot penalize or evict you for refusing to follow an illegal clause.
Know Your Rights When Renting in Saskatchewan
Protecting your interests starts with learning about your legal rights and the resources available to tenants. For a quick reference to your legal protections and typical obligations, Tenant Rights and Landlord Rights in Saskatchewan has a comprehensive breakdown.
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- Are landlords allowed to add eviction clauses not in the law?
No. Your landlord cannot put eviction rules in your lease that conflict with the Residential Tenancies Act, 2006. The law always overrides your written agreement on matters of eviction. - What if I signed a lease with an illegal clause?
Don’t worry—the law protects you. Illegal lease clauses are unenforceable, and you can challenge them through the Office of Residential Tenancies. - How do I dispute an illegal rule in my lease?
Discuss it with your landlord first. If unresolved, file an "Application for an Order" (Form 7) with the Office of Residential Tenancies, providing your lease and communication records as evidence. - Can my landlord ask for more than one month’s rent as a deposit?
No, Saskatchewan law limits security deposits to a maximum of one month’s rent. Any lease clause demanding more is illegal.
Conclusion: What Tenants Should Remember
- Any lease clause that is not allowed under Saskatchewan law is unenforceable, even if signed.
- Your rights under the Residential Tenancies Act, 2006 cannot be waived.
- Use the Office of Residential Tenancies to resolve disputes regarding illegal lease terms.
Stay informed and make sure your lease agreement follows Saskatchewan regulations to avoid issues down the road.
Need Help? Resources for Tenants
- Saskatchewan Ministry of Justice: Renting and Leasing
- Office of Residential Tenancies (ORT) – For forms, dispute applications, and guidance
- Local tenant advocacy groups (check with your city or region for referrals)
- Find more information on Tenant Rights and Landlord Rights in Saskatchewan
- Residential Tenancies Act, 2006 (Saskatchewan): Full legislation text
- Office of Residential Tenancies – Hearings and Forms: Submit or review applications
- Government of Saskatchewan – Renting and Leasing: Official tenant and landlord information
