Misconduct-Based Eviction in Saskatchewan: Tenant Response Guide

If you are a renter in Saskatchewan and your landlord has accused you of misconduct—such as disturbing neighbours, damaging property, or breaking important terms of your lease—you may worry about being evicted. Knowing your rights and responsibilities under provincial law can be crucial to protecting your home and dealing with the situation effectively.

Understanding Misconduct Evictions in Saskatchewan

In Saskatchewan, landlords can apply to evict tenants for various types of misconduct, including:

• Repeatedly disturbing other tenants or neighbours
• Causing damage to the rental unit or common areas
• Engaging in illegal activities on the property
• Violating significant terms of the lease agreement

These rules are set out in the Residential Tenancies Act, 2006. A landlord cannot simply remove you from your home—they must follow the proper legal process through the Office of Residential Tenancies (ORT).¹

Eviction Process: Steps Your Landlord Must Follow

Landlords must provide written notice—often a 30-day notice—for most types of misconduct, or a shorter notice for severe cases (such as violence or serious damage). The notice must state:

• The reasons for eviction (details of the misconduct)
• The date your tenancy ends
• Information about your right to dispute the eviction

If you disagree with the allegations or believe the eviction is unfair, you have the right to challenge it.

Responding to a Notice for Misconduct

If you receive a notice of eviction for misconduct:

• Read the notice carefully to understand the specific claims.
• Gather evidence or witnesses that could support your case—for example, photos, communication records, or statements from neighbours.
• Review your Obligations of Landlords and Tenants: Rights and Responsibilities Explained to ensure you understand your duties and rights.
• Consider seeking legal advice or assistance from local tenant support services if needed.

Disputing the Eviction

To formally dispute the eviction, tenants should:

• Complete the Application for Hearing (ORT Form 5)
• Submit the application and pay the fee to the Office of Residential Tenancies

Form and How to Use It:

• Name: Application for Hearing (ORT Form 5)
• When to use: If you believe you have been wrongfully served with an eviction notice, fill out this form to request a hearing with the ORT before the move-out date stated in the notice.
• Official form link: Application for Hearing (ORT Form 5)

If you file a dispute in time, you do not need to move out until the ORT makes a decision following the hearing.

If the Decision Goes Against You

If the ORT rules in favour of the landlord, they will issue an order for you to vacate. However, you still have options:

• Request written reasons for the decision
• Apply for a review of the order within the specified time, if you believe there were errors in law or procedure

If you must leave, review the Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit so you’re prepared to move in accordance with the law and protect your rights.

Tenant Rights and Landlord Responsibilities

Both you and your landlord have clear rights and responsibilities. For a general overview of what to expect as a renter in the province, see Tenant Rights and Landlord Rights in Saskatchewan.

It’s also helpful to understand your options if you need to look for a new rental. Explore Houseme for nationwide rental listings with flexible search tools and up-to-date information for renters moving in Saskatchewan or anywhere in Canada.

Frequently Asked Questions (FAQ)

1. Can a landlord evict me immediately for misconduct in Saskatchewan?
   Landlords must provide proper written notice unless the misconduct is exceptionally severe, such as violence or safety threats, in which case a shorter notice may be given. Most evictions require at least 30 days' written notice.
2. What if I believe the misconduct allegations are false or exaggerated?
   You have the right to dispute the eviction by applying for a hearing with the Office of Residential Tenancies before you are required to move out.
3. Do I have to move out if I file an appeal?
   No. Once you have properly applied to dispute the eviction, you may remain in your unit until the ORT makes a decision.
4. Will an eviction hurt my credit or rental history?
   If a formal eviction order is issued, it may appear on your record and could impact your ability to rent future homes.
5. Who can I contact for support during this process?
   You can contact the Office of Residential Tenancies or tenant advocacy organizations in Saskatchewan for support and advice.

Key Takeaways for Tenants

• Landlords must follow a legal process for misconduct-based eviction
• Tenants can challenge allegations via the Office of Residential Tenancies
• Staying informed about your rights is essential for protecting your home

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): 1-888-215-2222
• Saskatchewan Legal Aid: https://legalaid.sk.ca/
• Saskatoon Tenant Support: City of Saskatoon Eviction Support
• Tenant rights advocacy: Tenant Rights and Landlord Rights in Saskatchewan

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1. Saskatchewan. Residential Tenancies Act, 2006. See the legislation
2. Office of Residential Tenancies. Dispute Application Process

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