Legal Precedents on Short-Term Rental Subletting in Saskatchewan

Short-term rental platforms like Airbnb have changed how many people approach renting and subletting in Saskatchewan. If you’re a tenant considering subletting your apartment or home on a short-term basis, or facing issues because of it, understanding recent legal decisions and your rights is essential. Saskatchewan has unique rules for tenants and landlords regarding subletting, and recent tribunal cases clarify what is—and isn’t—permitted.

Understanding Subletting and Short-Term Rentals in Saskatchewan

Subletting occurs when a tenant rents out some or all of their rental unit to someone else (the subtenant), usually for a defined period. In the context of short-term rentals (for example, listing your place on a platform like Airbnb, Vrbo, or Booking.com), legal questions arise about the necessity for landlord consent and the impact on your lease.

In Saskatchewan, tenants cannot sublet or assign their unit without first getting written consent from their landlord. The rules and requirements are established in the Office of Residential Tenancies (ORT), which is the official government body handling rental disputes and applications. The legislation that governs these rights is the Residential Tenancies Act, 2006 (Saskatchewan)^[1].

What Is a Short-Term Rental Sublet and Why Does It Matter?

A short-term rental sublet usually means renting to someone for a period less than the term of your lease—or to new people every few days or weeks. This can sometimes conflict with your rental agreement, especially if your lease or building rules restrict such arrangements. Landlords often have concerns about short-term renters’ behaviour, property damage, or insurance implications.

Recent Saskatchewan Tribunal Decisions on Short-Term Subletting

In recent years, the ORT has seen disputes where tenants listed their apartments on platforms like Airbnb without informing their landlord. These cases have established important principles:

• Leases and the Residential Tenancies Act, 2006 generally require landlord consent for any subletting.
• Short-term subletting without consent is often considered a breach of the lease—a reason a landlord may apply to end the tenancy or claim damages.
• The tribunal views recurring or commercial short-term sublets (even for a few days at a time) the same as any regular sublet requiring approval.

This means tenants found subletting on Airbnb or similar platforms without their landlord’s written permission have faced both eviction applications and monetary claims at the ORT.

Examples from Saskatchewan ORT Cases

In typical cases, the ORT has ruled:

• Landlords are not allowed to unreasonably refuse a sublet, but they must be properly notified and can reasonably refuse for legitimate reasons (such as a subtenant with a poor rental history, or if the sublet is very short term and frequent).
• If a tenant sublets without permission, a landlord may apply to end the tenancy (serve notice of eviction), and financial penalties may apply if there is evidence of property damage or unauthorized income.

For example, in a case where a tenant listed the suite on Airbnb repeatedly over several months, the tribunal found this was a breach and sided with the landlord in ending the tenancy. However, in situations where tenants had clear communication and the landlord was given all required information, subletting requests have been approved.

Steps If You're Considering or Facing Issues with Short-Term Subletting

If you want to sublet your rental unit on a short-term basis, start by checking your tenancy agreement for subletting clauses. Always request written permission from your landlord. Saskatchewan tenants should use the following forms:

• Application to Sublet or Assign – This is a standard written request that tenants should submit to landlords before arranging any sublet, whether short or long term.
  How it's used: Submit this to your landlord outlining the proposed subtenant, timing, and nature of occupancy.
  Access official forms and samples.
• Notice of Ending Tenancy (Form 11) – If you disagree with a landlord’s decision or receive an eviction notice for unauthorized subletting, you may need to formally respond using Form 11 or apply for a hearing at the ORT.
  How it's used: If you intend to leave before the lease concludes after a sublet dispute, fill out this form and follow the official process.
  See Form 11 here.

It is important to keep written records and carefully follow all steps, as disputes often turn on evidence provided to the ORT. Many tenants are surprised at the consequences for subletting without proper consent, so contacting the ORT early helps prevent legal trouble.

Always request and document landlord approval in writing before subletting. Unauthorized sublets—even if brief—may result in eviction or financial claims before the Office of Residential Tenancies.

What If You Disagree With Your Landlord?

Tenants have the right to apply to the Office of Residential Tenancies if a landlord unreasonably refuses permission to sublet, or if an eviction notice is served. The ORT is impartial and will consider each case based on its facts, the lease, and the Residential Tenancies Act, 2006.

Understanding your rights and responsibilities before, during, and after signing the lease is crucial. For more about your responsibilities as a tenant and what happens after the lease begins, see What Tenants Need to Know After Signing the Rental Agreement.

For a general overview, please review Tenant Rights and Landlord Rights in Saskatchewan.

If you're searching for a new place that fits your needs, you can Browse apartments for rent in Canada, including listings with flexible sublet options.

Frequently Asked Questions About Short-Term Subletting in Saskatchewan

1. Can I rent my apartment out on Airbnb if I’m a tenant in Saskatchewan?
   Generally, you need your landlord’s written permission to sublet, including for Airbnb or other short-term platforms. Doing so without consent may lead to eviction proceedings.
2. What if my landlord says “no” to my subletting request?
   Landlords cannot unreasonably refuse a sublet, but they may have valid concerns. If you think your landlord’s refusal is unfair, you can apply to the Office of Residential Tenancies for a decision.
3. What happens if I sublet without permission?
   If you sublet your rental unit without landlord consent, you risk eviction, losing your security deposit, and possible damages being awarded against you at the ORT.
4. Can my landlord evict me for listing my place on Airbnb just once?
   The ORT will consider the facts, including notice to the landlord and the length/nature of the sublet, but even one unauthorized sublet may justify tenancy termination if it violates the lease or endangers property.
5. How do I apply for a hearing if there is a dispute about subletting?
   You can file an application online or by mail with the Office of Residential Tenancies. Include all relevant documents, communications, and the proper forms.

Conclusion: Key Takeaways

• Always get written landlord consent before subletting—this includes short-term rentals.
• Unauthorized subletting can result in eviction and financial penalties at the Office of Residential Tenancies.
• Use proper forms and document all communication to protect your rights and interests.

Understanding your rights can help avoid misunderstandings and ensure a positive rental experience.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) Saskatchewan - File applications, seek guidance, or resolve rental disputes.
• Saskatchewan Rental Forms & Resources – Official forms for tenants and landlords.
• Public Legal Education Association of Saskatchewan (PLEA) – Tenant education and free legal information.

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1. Residential Tenancies Act, 2006 (Saskatchewan)
2. Office of Residential Tenancies (ORT)
3. Renting and Leasing Information for Tenants and Landlords (Government of Saskatchewan)

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