Moving Out Early in Saskatchewan: Penalties, Exceptions & Tenant Rights

Ending your tenancy early in Saskatchewan can be stressful, especially if you're unsure about your rights or any penalties. Whether you're leaving for a job, family reasons, or facing discrimination or accessibility challenges, it's vital to know what Saskatchewan law says about moving out before your lease ends. This article will help you understand your options, potential penalties, and exceptions – so you can move forward confidently and avoid common pitfalls.

Understanding Rental Agreements and Tenancy Law in Saskatchewan

In Saskatchewan, rental relationships are governed by the The Residential Tenancies Act, 2006 and handled by the Office of Residential Tenancies (ORT).¹ Rental agreements can be:

• Fixed-term leases (with a set end date, such as one year)
• Periodic tenancies (month-to-month or week-to-week, without a specified end date)

Your rights – and any penalties for moving out early – depend on which type of lease you have and your reason for leaving.

Penalties for Moving Out Early

Terminating your lease before the agreed-upon end date often means you could be liable for penalties. In most cases, if you break a fixed-term lease early without a legal reason or the landlord's agreement, you may owe rent until:

• The lease expires
• A new tenant is found (the landlord must make reasonable efforts to re-rent the unit)

Additionally, your security deposit may be withheld to cover unpaid rent or property damage, unless all legal conditions for return are met.

Legal Exceptions: When Can Tenants Move Out Early Without Penalties?

Saskatchewan law recognizes some situations where tenants may end a lease early without facing penalties:

• Landlord Breaches: If the landlord fails in their responsibilities (e.g. neglecting repairs, harassment), tenants may end the tenancy after giving proper notice. For more info on landlord and tenant duties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
• Victims of Interpersonal Violence: The law allows victims to break a lease early with special protections. You must apply for a Certificate of Termination from the ORT.²
• Health & Accessibility Issues: Serious health, safety, or accessibility problems may justify ending a lease if the landlord fails to correct them after written notice.
• Discrimination: If you are subject to discrimination prohibited under The Saskatchewan Human Rights Code, 2018 (such as on the basis of disability, race, or family status), you may have grounds to end your tenancy. Seek support from the Saskatchewan Human Rights Commission if needed.³

Always keep records of communications and, where possible, get written confirmation before moving out early.

Official Forms and Notice Requirements

To officially end your rental agreement, you must provide written notice. Required forms depend on your situation:

• Notice to Landlord of Termination (Form 8): Standard notice form used by tenants to end a periodic tenancy. Available from the Office of Residential Tenancies. Give at least one month's notice for month-to-month agreements.⁴
• Application for Early Termination (Interpersonal Violence): Victims must use the Certificate of Termination Application to end their lease safely and legally.
• Mutual Agreement to End Tenancy: If both you and your landlord agree to end the tenancy early, make sure your agreement is in writing and signed by both parties. No provincial form is required, but detailed documentation is recommended.

If you need to leave your rental before the lease expires, it's crucial to follow the correct process to avoid unnecessary penalties and to ensure your rights are protected. Learn more in What to Do If You Need to Leave Your Rental Before the Lease Expires.

Notice Periods at a Glance

• Fixed-term lease: You cannot end early without cause unless the landlord agrees or a special legal exception applies. Otherwise, you're responsible for the rent until the lease ends or another tenant moves in.
• Month-to-month: Give at least one full month’s written notice. Notice must be delivered before the last day of a rental period and will take effect at the end of the following month.

For more province-specific rental law details, see Tenant Rights and Landlord Rights in Saskatchewan.

What Happens If You Move Out Without Proper Notice?

Leaving your place without following the legal steps can result in:

• Loss of your security deposit
• Being charged for unpaid rent until the unit is re-rented or the lease ends
• Potential credit impacts or collection action

Where possible, work with your landlord on a mutual agreement or sublet/assignment (if allowed in your lease), and keep written records of all interactions. Your rights and responsibilities after giving notice are detailed in What Tenants Need to Know After Signing the Rental Agreement.

For tenants searching for a new place after moving out or considering a move, you can explore Houseme for nationwide rental listings and compare homes across Saskatchewan and Canada.

FAQ: Moving Out Early in Saskatchewan

1. Can my landlord charge me for the full lease if I move out early?
   Usually, you're responsible for rent until the lease ends or a new tenant is found. The landlord must try to re-rent quickly, and you can't be penalized beyond what the law allows.
2. Can I break my lease early if the unit is unsafe or unhealthy?
   Yes, if the landlord fails to address issues affecting health, safety, or accessibility after written notice. Seek support from ORT and document everything.
3. What if I'm leaving because I feel discriminated against?
   If you believe you have been discriminated against under Saskatchewan's Human Rights Code, you may have legal grounds to end your tenancy and should contact the Human Rights Commission for guidance.
4. Do I get my deposit back if I move out early?
   If you follow all legal steps and leave the unit in good condition, you may still be entitled to your security deposit. Review the rules on How to Get Your Security Deposit Back with Interest When Moving Out.
5. What notice do I need to give for a month-to-month lease?
   You must give at least one full month's written notice, delivered before the last day of the rental period.

Conclusion: Key Takeaways for Moving Out Early

• Moving out early can lead to penalties unless you have an approved legal reason or agreement
• Use the correct forms and always give proper written notice
• Consult Saskatchewan's Office of Residential Tenancies if unsure or facing discrimination or safety issues

Knowing your options and following the right process helps protect your rights and finances during early move-outs in Saskatchewan.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): 1-888-215-2222
• Saskatchewan Human Rights Commission: 1-800-667-8577
• Tenant Support Services Saskatchewan
• Legal Aid Saskatchewan: 1-800-667-3764

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1. Office of Residential Tenancies (ORT): Government of Saskatchewan – Tenants and Renters
2. Residential Tenancies Act (2006), full text
3. Saskatchewan Human Rights Commission: Official Site
4. Termination Notice Forms: Notice to Landlord of Termination (Form 8)

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