Saskatchewan Tenant Eviction FAQ: Your Rights Explained

If you're a tenant in Saskatchewan and facing eviction—or simply want to be prepared—this guide will answer the most common questions about eviction laws and your rights. Understanding the notice process, your options for challenge, and the supports available can help you feel empowered and secure in your home.

What Are the Legal Reasons for Eviction in Saskatchewan?

Landlords in Saskatchewan can only evict tenants for specific reasons as outlined in the Residential Tenancies Act, 2006^[1]. Common legal grounds include:

• Non-payment of rent
• Significant damage to the property
• Serious disturbance of others’ enjoyment or safety
• Repeated late payment of rent
• The landlord wants to live in the unit or accommodate close family

Landlords cannot evict for reasons that are discriminatory, retaliatory, or otherwise not permitted by law. See Tenant Rights and Landlord Rights in Saskatchewan for more legal details.

Eviction Notice Types and Requirements

Landlords must serve tenants with a written eviction notice. In Saskatchewan, the notice period and type depend on the reason for eviction:

• Non-payment of Rent: Immediate notice, but tenants have a right to pay rent within a short grace period and cancel the eviction.
• Other Reasons (e.g. property damage or disturbances): Usually 1 to 14 days’ notice, depending on severity.
• Landlord's Personal Use: At least 2 months’ written notice is required.

Notices must include the reason, the date the tenancy ends, and be signed by the landlord.

What Is the Office of Residential Tenancies (ORT)?

Eviction disputes in Saskatchewan are handled by the Office of Residential Tenancies (ORT), the provincial tribunal that enforces rental housing laws.^[2]

What Should Tenants Do Upon Receiving an Eviction Notice?

First, don't panic. Review the notice for accuracy—Is it in writing? Does it state the reason? Is the notice period correct?

• If you believe the landlord is mistaken, you can apply to the ORT to challenge it.
• Keep all written communication and take photos of any evidence, such as notice delivery or property condition.

If you're unsure about your obligations or feel the eviction is unfair, consider reviewing Obligations of Landlords and Tenants: Rights and Responsibilities Explained to better understand legal duties on both sides.

Official Forms for Tenants Facing Eviction

• Application for an Order of Possession (ORT Form 6): Used by landlords to seek immediate possession of a rental unit, but tenants can challenge this application. You will receive a copy and a hearing date if the landlord files this form. Official form here.
• Application to Set Aside an Eviction Order (ORT Form 12): Tenants use this if they wish to challenge an eviction order. File promptly after receiving an eviction notice or order. Official form here.

To make an application, fill out the necessary form, gather supporting documents (like payment receipts or letters), and file it with the Office of Residential Tenancies. Hearings may occur in person, by phone, or video conference.^[3]

If You’re Behind on Rent

Late rent is the top cause of eviction. If you receive a notice, pay the full amount immediately if possible to stop the process. If you anticipate late payment, communicate with your landlord in writing. You may find practical tips in Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Appealing or Challenging an Eviction

Tenants have the right to challenge eviction notices and orders. Here’s what to do:

• File an Application to Set Aside an Eviction Order (ORT Form 12) before the deadline stated in your notice.
• Attend the scheduled hearing with all your evidence and witnesses.
• Explain your side calmly and stick to facts.

If you lose at the ORT, you may be able to appeal to the Court of King's Bench. However, strict timelines apply.

What If My Landlord Is Not Fulfilling Their Obligations?

If your landlord isn’t keeping the property in good repair or is otherwise neglecting duties, you can make a complaint or start an application at the ORT. For more on your rights and steps you can take, see Common Issues Tenants Face and How to Resolve Them.

After an Eviction Order: What Happens?

If the ORT issues an eviction order against you, it will state a date you must move out by. If you remain after this date, the landlord needs an official "Writ of Possession" to have the sheriff remove you. Some tenants try to negotiate extra time or assistance directly with the landlord, but you are not legally required to leave before the order’s deadline.

Need to find a new place quickly? Affordable homes for rent in Canada are available with easy searching tools to help you transition smoothly.

FAQ: Saskatchewan Tenant Eviction Questions

1. Can my landlord evict me without notice in Saskatchewan?
   No. Landlords must provide written notice that follows the rules in the Residential Tenancies Act, 2006.^[1]
2. How much notice do I get before eviction for late rent?
   You can be served an immediate notice, but you generally have 15 days to pay what you owe to stop the eviction process.
3. What are my options if I believe the eviction is unfair?
   File an application to challenge it at the Office of Residential Tenancies, using the appropriate form and following deadlines.
4. Can a landlord evict for personal use of the property?
   Yes, but you must be given at least 2 months’ written notice and the notice must meet all legal requirements.

How To: Challenge an Eviction in Saskatchewan

1. How do I file to dispute an eviction notice?
   Use the Application to Set Aside an Eviction Order (Form 12), submit it to the ORT, and attend the scheduled hearing.
2. What documents should I include when challenging an eviction?
   Include any evidence—such as communication records, payment receipts, photos, or witness statements—that support your case.
3. What happens at an ORT hearing?
   You and your landlord will present your sides to an adjudicator. The decision is usually given in writing after the hearing.

Key Takeaways

• Evictions in Saskatchewan must follow written notice procedures set out in the Residential Tenancies Act, 2006.
• Tenants have the right to challenge eviction notices and orders through the Office of Residential Tenancies (ORT).
• Seek advice or support early, and always respond to legal notices promptly to protect your rights.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): Information, forms, and tribunal process (phone: 1-888-215-2222).
• Official tenancy laws and updates
• Tenant Rights and Landlord Rights in Saskatchewan
• Local tenant advocacy groups or community legal clinics can provide advice (contact your city for referrals).

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1. Residential Tenancies Act, 2006 (Government of Saskatchewan Statutes)
2. Office of Residential Tenancies – Government of Saskatchewan
3. Saskatchewan Housing Forms (official site)

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