It's not uncommon for tenants in Saskatchewan to learn that their landlord is selling the property they’re renting. If you're in this situation, it's essential to know your rights and what steps both you and your landlord must legally follow. This guide explains how the Office of Residential Tenancies (ORT) and the Residential Tenancies Act, 2006 (Saskatchewan) protect tenants in special situations like a property sale.
What Happens When a Landlord Sells a Rental Property?
When a landlord decides to sell a property, the sale itself doesn’t end your tenancy automatically. The lease agreement and your tenant rights remain in effect. In most cases, the new owner takes over the responsibilities of the landlord.
Key Rules for Tenants During a Property Sale
- Your Lease Continues: The terms of your written or verbal rental agreement continue, even after the property sells.
- Notice is Required: If the new owner wants you to move out, they must provide you with proper written notice. The timing and process are set by law.
- Reason for Ending Tenancy: In Saskatchewan, a landlord (or purchaser) can only end a periodic tenancy for specific reasons, such as the buyer or immediate family wanting to live in the home.
It's important to review your lease type, as rules differ for periodic and fixed-term tenancies.
Your Rights as a Tenant
You are protected from sudden eviction and have the right to stay until proper notice is given. The sale of the property alone does not end your lease. Any change in ownership simply means your new landlord steps into the prior landlord’s position, bound by your existing rental agreement and relevant legislation.
Types of Tenancies and Notice Requirements
- Fixed-term Lease: If you have a fixed-term lease (e.g., for one year), you cannot be required to move out before your lease ends unless you agree or the lease allows early termination for sale.
- Periodic Lease (e.g., month-to-month): The new owner must give at least two months' written notice if they (or an immediate family member) wish to move in. The notice must comply with the law.
- Written Notice Form: The official form for ending a tenancy due to buyer occupation is called the "Notice to Vacate – Purchaser’s Own Use Form". This must include the name of the purchaser and their relation to any family moving in. Download the official form here.
The notice period begins at the start of the next rental period after you receive written notice.
Access for Showings and Inspections
Landlords (or real estate agents) may need to show the property to prospective buyers. However, your right to privacy is protected under the Residential Tenancies Act. The landlord must provide at least 24 hours' written notice before entering your unit to show it, and showings can only happen between 8 a.m. and 8 p.m., unless you agree otherwise.
Security Deposit and Your Move-Out Rights
If you are asked to move out after a sale, you’re entitled to your full security deposit back (with interest) unless you owe rent or have caused damage beyond reasonable wear and tear. Document the property’s condition with photos and participate in a move-out inspection. For more on this process, read How to Get Your Security Deposit Back with Interest When Moving Out.
What to Do If You Have Concerns or Disputes
If you believe you’ve been given improper notice or the new owner is not following the law, you can apply to the Office of Residential Tenancies for help. Tenants can also reference the overview of Tenant Rights and Landlord Rights in Saskatchewan for provincial rules.
Relevant Official Forms
- Notice to Vacate – Purchaser’s Own Use: Used when a buyer or their immediate family intends to move in. Download from the Government of Saskatchewan. Example: Your landlord has sold the house, the buyer’s daughter will live there, and you receive this notice with at least two months’ warning.
- Application for Dispute Resolution (ORT Form): Use this form if you wish to contest a notice to end your tenancy. Access the form here. Example: You think the new owner gave you less than two months' notice and want to challenge it.
The Office of Residential Tenancies (ORT) is the main authority for rental disputes in Saskatchewan. If your situation leads to a disagreement, you can file an application or seek guidance from the ORT.
Summary Table: What to Expect When Your Landlord Sells
| Lease Type | Your Rights | Notice Required |
|---|---|---|
| Fixed-Term | Lease continues until end date | No early termination without your agreement |
| Periodic (month-to-month) | New owner can ask you to move if they or family will live there | 2 months’ notice with official form |
Related Resources
- How to Get Your Security Deposit Back with Interest When Moving Out
- Tenant Rights and Landlord Rights in Saskatchewan
FAQs: Selling the Property—What Tenants Want to Know
- Can I be evicted because the landlord is selling the property?
Not without proper written notice and only for legal reasons, such as the new owner or their family moving in. Sale of the property alone does not end your tenancy. - How much notice do I get if I have to move?
You must receive at least two months’ written notice, using the official form, if the new owner or their family is moving in. For fixed-term leases, you generally finish your lease term. - Who holds my security deposit after a sale?
The new landlord becomes responsible for your deposit, and all the rules for its return still apply. Keep your paperwork and document the condition of the home before moving out. - Can landlords show my unit to buyers while I’m living there?
Yes—with at least 24 hours’ written notice, and showings must take place between 8 a.m. and 8 p.m. unless you consent to different hours. - What can I do if I've received less notice than required?
Apply to the Office of Residential Tenancies for dispute resolution with supporting documentation to protect your rights.
Key Takeaways for Saskatchewan Tenants
- The sale of a rental unit does not automatically end your tenancy or lease.
- You can only be required to move if you receive proper, written notice on the official form, and only for legal reasons.
- If there is a dispute or unclear notice, contact the Office of Residential Tenancies promptly.
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT): Saskatchewan’s tribunal for rental disputes, applications, and official forms.
- Government of Saskatchewan — Renting and Leasing: Laws, guidance, and helpful contact info.
- Residential Tenancies Act, 2006 (Saskatchewan)
- Tenant advocacy groups, such as Saskatchewan Intercultural Association (Tenants’ Rights)
