What are non-standard lease forms?
Non-standard lease forms are rental agreements that deviate from commonly used or recommended tenancy contracts. They may add extra fees, change notice periods, alter entry rules, or try to shift repair obligations to tenants. Some are legitimate and clear; others can be confusing or include clauses that conflict with provincial rules. Read every clause slowly and compare anything unusual with provincial guidance and official forms.
Common non-standard clauses to watch for
- Additional pet or amenity fees beyond the security deposit that may be charged monthly or as a non-refundable fee.
- Short or unclear notice periods for ending tenancy or for landlord entry that differ from provincial minimums.
- Clauses that shift routine repair or maintenance responsibility to the tenant without clear limits.
- Restrictions on guests, subletting or assignment that are unusually broad or permanent.
- Requirements to waive record-keeping or to agree not to use evidence in a dispute.
Are non-standard lease forms legal in Saskatchewan?
Non-standard clauses are not automatically illegal, but they cannot override rights and obligations set out in provincial tenancy legislation. In Saskatchewan, the Residential Tenancies Act sets minimum rules and the Office of Residential Tenancies oversees disputes and applications.[1] If a clause conflicts with the Act, the Act generally takes precedence and that clause may be unenforceable.
Official forms you should know
- Notice to End a Tenancy — used when a landlord or tenant gives formal notice. Example: your landlord serves this form to end a month-to-month tenancy for a specified reason; you should keep a dated copy and note the deadline.
- Condition Inspection Report / Entry Notice — used to record unit condition when moving in or out and to notify of entry for inspection or repairs. Example: complete a condition report at move-in to document existing damage and avoid unfair deductions later.
- Application to the Office of Residential Tenancies — used to start a dispute process about deposits, repairs or termination. Example: file this application if a landlord keeps your deposit without justification.
Before you sign: practical checks for tenants
Read the entire lease and make a checklist: check deposit amounts and conditions, confirm who pays for routine repairs, note notice periods for ending tenancy or entering the unit, and look for any unusually broad waivers. If a landlord asks you to sign a non-standard clause about deposits or repairs, request a written explanation and compare it to provincial guidance. You can also review information on deposit rules and landlord/tenant obligations in related guides such as Understanding Rental Deposits: What Tenants Need to Know and Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
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FAQ
- Can a landlord enforce a non-standard clause that conflicts with provincial law?
- No. If a lease clause conflicts with the Residential Tenancies Act the Act generally overrides that clause and it may be unenforceable. Check the Act and contact the Office of Residential Tenancies to confirm.[1]
- What should I do if I already signed a non-standard lease and now have a dispute?
- Gather all documents, photos and messages, try to resolve the issue directly and, if needed, file an application with the Office of Residential Tenancies using the official application form.[2]
- Are verbal agreements binding if they differ from a written lease?
- Written leases generally take priority, but evidence of a verbal agreement can matter in disputes. Keep records of conversations and any written follow-up messages.
How-To
- Read the whole lease slowly and underline any unfamiliar or broad clauses; ask the landlord to explain them in writing.
- Check deposit and fee language against provincial rules and keep receipts for any payments you make.
- Compare key dates and notice requirements with the Residential Tenancies Act and save copies of any official forms you use.
- Document the unit condition with photos and a signed condition report at move-in to protect against unfair deductions.
- If you cannot resolve the issue, file an application with the Office of Residential Tenancies and include all evidence.
Help and Support / Resources
- Office of Residential Tenancies (Saskatchewan)
- Residential tenancy forms (official)
- Government of Saskatchewan - housing and rental information
