Roommate Agreements in Saskatchewan: A Tenant’s Guide

Sharing your rental home in Saskatchewan can be a great way to make housing more affordable and build a positive living environment. But, to avoid common misunderstandings and protect everyone involved, it’s wise for all roommates to create a clear, written roommate agreement. This guide will explain what to include, why it matters, and how Saskatchewan tenancy law impacts your rights when living with roommates.

Understanding Roommate Agreements

A roommate agreement is a written contract between tenants sharing a home. Unlike your lease or rental agreement (which is with your landlord), a roommate agreement is an agreement between you and your co-tenants. It covers how you'll divide rent, chores, bills, guests, and what will happen if one person wants to move out early.

Why Roommate Agreements Matter in Saskatchewan

Roommate disputes are one of the Common Issues Tenants Face and How to Resolve Them. A roommate agreement helps you resolve problems before they escalate. While not a document required by law, a clear agreement can:

• Set expectations and avoid misunderstandings
• Minimize conflict over money and shared responsibilities
• Provide evidence if a dispute requires mediation

It's important to note: the Residential Tenancies Act, 2006 (Saskatchewan) [handled by the Office of Residential Tenancies] typically only applies to agreements between landlords and tenants—not between roommates themselves.¹

Key Clauses to Include in Your Roommate Agreement

A well-drafted roommate agreement should cover the basics and address your unique living situation. Suggested topics include:

• Division of rent and utilities (who pays what, and how payments are made)
• Security/damage deposit division and return process
• Cleaning, chores, and shared responsibilities
• Rules on guests, overnight visitors, and parties
• Food, storage, and shared items
• How to resolve disagreements and disputes
• Process for a roommate moving out early (how much notice is required, finding a replacement, etc.)

For added protection, each roommate should sign and receive a copy of the agreement. Roommates may also consider using checklists, such as the Guide to the Initial Rental Property Inspection for Tenants, when moving in to document the unit's condition.

Roommate Agreements and the Security Deposit

The security (damage) deposit is often a source of tension. Who paid what share, and who is owed what when moving out? To avoid disputes, write down exactly how the deposit is divided and how it will be returned. In Saskatchewan, deposits are governed by the Residential Tenancies Act, 2006. For more details, review Understanding Rental Deposits: What Tenants Need to Know.

Legal Protections and Provincial Law

Roommate agreements are private contracts and not directly enforced by the Office of Residential Tenancies, but they may be considered in disputes. Any rights and obligations with your landlord are governed by the Residential Tenancies Act, 2006 (see Office of Residential Tenancies)¹. Make sure all tenants named on the lease understand their legal obligations under provincial law.

Official Forms for Roommates in Saskatchewan

• Tenant Application (Form 6): If you have a rental dispute with your landlord (not another roommate), use this form to file an application with the Office of Residential Tenancies. Example: If a roommate damages the unit and your landlord withholds your deposit, you may use the form to dispute this with the tribunal. Download Form 6.
• Notice to Vacate (Form 1): Not typically used between roommates, but required if you are ending your tenancy with a landlord in accordance with Saskatchewan law. Download Form 1.

For forms or complaints involving landlord/tenant disputes, visit the official tribunal website.

Next Steps for Tenants Sharing Housing

Creating your roommate agreement is just one step as you settle into a shared home. Don’t forget other best practices such as reviewing your rental contract, learning about shared responsibilities, and using checklists on move-in and move-out. For more comprehensive reading, see Tenant Rights and Landlord Rights in Saskatchewan.

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FAQ: Roommate Agreements in Saskatchewan

1. Are roommate agreements legally binding in Saskatchewan?
   Roommate agreements are considered private contracts. While not governed by the Residential Tenancies Act, 2006, they can be useful evidence if disputes escalate to small claims court.
2. What should I do if my roommate does not pay their share of the rent?
   If you are all listed on the lease, the landlord usually holds all tenants jointly responsible. Address the issue quickly and put agreements in writing to minimize risk.
3. Who gets the security deposit back when roommates move out?
   Landlords return the deposit to the person(s) named on the lease. Decide in advance, and write down in your agreement, how the deposit will be divided.
4. Can the landlord evict just one roommate?
   Unless each roommate has a separate agreement, the landlord usually deals with all tenants equally, not individual roommates. Only in certain cases (like subletting) can one party be targeted.

Conclusion: Key Takeaways for Tenants

• Create a clear, written roommate agreement to avoid disputes.
• Know your rights: tenant obligations with the landlord are under Saskatchewan’s Residential Tenancies Act, 2006.
• Divide the security deposit responsibilities and outline all rules in writing.

With the right preparation, sharing a home can be safe, affordable, and enjoyable for everyone.

Need Help? Resources for Tenants

• Office of Residential Tenancies (Saskatchewan) – complaint forms, rights, and dispute resolution
• Residential Tenancies Act, 2006 (official legislation)
• Saskatchewan Renters' Rights – advocacy and information
• Full provincial overview: Tenant Rights and Landlord Rights in Saskatchewan

1. Office of Residential Tenancies (Government of Saskatchewan) – handles all residential tenancy complaints and inquiries.
2. Residential Tenancies Act, 2006 (Saskatchewan) – official legislation governing landlord and tenant rights.