What Saskatchewan Tenants Should Do If Asked to Pay Rent Before Lease Starts

Navigating rent and lease payments in Saskatchewan can be confusing, especially when a landlord asks for rent before your lease officially starts. Understanding your rights and the rules set by Saskatchewan's tenancy laws helps you avoid costly mistakes. This article explains what the law says, what options tenants have, and steps to protect yourself.

Understanding Payment Requirements Before the Lease Begins

In Saskatchewan, landlords and tenants are governed by The Residential Tenancies Act, 2006 (official Saskatchewan legislation). This law sets out what a landlord can and cannot ask for when you rent a place.

• Security deposits: Landlords can ask for a security deposit (sometimes called a damage deposit), but it must not be more than one month's rent.
• Advance rent: Landlords cannot require you to pay rent for time before the lease legally begins. Your first rent payment is due on or after the first day of the lease, unless you and the landlord agree otherwise in writing.

If you are feeling pressured to pay rent weeks (or months) before your lease begins, this may not be legal. Sometimes, landlords get confused about Understanding Rental Deposits: What Tenants Need to Know versus regular rent payments, so clarify what the payment is actually for.

Your Rights and Key Protections

The Office of Residential Tenancies (ORT) is Saskatchewan's tenancy tribunal that oversees rental disputes. Their guidelines ensure landlords:

• Are not allowed to collect rent for periods before the lease officially starts
• Must limit security deposits to no more than one month’s rent
• Should issue receipts for all payments received
• Return the security deposit with interest when the tenancy ends, if there’s no damage or money owing

How to Respond If a Landlord Demands Rent Before Lease Start

If your landlord is demanding rent before your tenancy begins, here are steps to follow:

• Politely ask for clarification: Is it for a security deposit or advance rent?
• Reference the law: Let them know about the rules in The Residential Tenancies Act, 2006 (read the official text)
• Request written documentation: Get all agreements about rent and deposit payments in writing before paying.
• Contact the Office of Residential Tenancies for guidance if you’re unsure.

If the landlord continues to pressure you, stay polite and firm. Do not pay rent for apartment occupancy dates that are not covered by your written lease. You can also seek advice from tenant advocacy organizations.

Key Forms for Security Deposits and Complaints

• RTB-5: Application for Return of Security Deposit
  • When to use: If your landlord won't return your deposit, or if you disagree with deductions at move-out.
  • How to use it: Fill out and submit to the Office of Residential Tenancies, along with your written evidence (e.g., receipts, emails).
  • Official form download and instructions
• RTB-12: Application for Hearing
  • When to use: To resolve disputes about rental payments before tenancy or deposit issues.
  • Example: If a landlord refuses to adjust an early rent payment or wrongly withholds funds, file this form to request a tribunal hearing.
  • Download RTB-12 and instructions here

Always keep receipts for all payments and a copy of your signed lease or rental agreement.

Paying Rent Safely and Within Your Rights

Know when your first rent is truly due, and never pay for periods you cannot legally occupy the property. For practical details about making your monthly payments, see our Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

For a province-wide summary of tenant and landlord rights in Saskatchewan, visit Tenant Rights and Landlord Rights in Saskatchewan.

Looking for your next home? Find rental homes across Canada on Houseme with verified listings that help tenants make safe choices.

Frequently Asked Questions: Paying Rent Before Lease Starts in Saskatchewan

1. Can a landlord ask for rent before my move-in date?
   Usually no – the law restricts landlords from collecting rent before your official lease start date. They can, however, request a security deposit of up to one month's rent.
2. What if my landlord says I can't have the unit unless I pay early rent?
   This could be against Saskatchewan tenancy rules. You can clarify with the landlord, refuse the early payment, and seek help from Saskatchewan’s Office of Residential Tenancies if necessary.
3. Should I pay a deposit and first month’s rent at the same time?
   Sometimes landlords collect both just before move-in, but the deposit must be clearly labeled and should not exceed one month's rent. Confirm all details and get receipts.
4. Where do I file a complaint if pressured for early rent?
   Submit a complaint or application to the Office of Residential Tenancies using the official dispute application form found on their website.

Key Takeaways for Tenants

• Landlords cannot require rent for time before your lease officially starts
• Only one month’s rent can be collected as a security deposit
• Get all payment agreements in writing and request receipts
• Know your rights under The Residential Tenancies Act, 2006 and use official forms if you face disputes

Staying informed protects your finances and helps you start your rental journey on solid ground.

Need Help? Resources for Tenants

• Saskatchewan Government: Renting and Leasing
• Office of Residential Tenancies (ORT): Phone 1-888-215-2222 or use their online contact form
• Local tenant advocacy: Saskatchewan Association of Community Legal Clinics, or similar agencies for advice and support
• Review Saskatchewan law: The Residential Tenancies Act, 2006

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1. The Residential Tenancies Act, 2006 (Saskatchewan)
2. Office of Residential Tenancies – Government of Saskatchewan
3. Saskatchewan tenancy forms and resources

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