What to Do If Your Rental Is Seized in Saskatchewan

If you’re renting a home in Saskatchewan and learn your property is being seized by a bank or through a court process, it can be stressful and confusing. Understanding your rights and the legal process can help you navigate this challenging situation.

When a Rental Property Is Seized in Saskatchewan

Seizure occurs when a property is taken over—often due to the landlord's unpaid mortgage or debts. In Saskatchewan, this usually happens through a legal process involving the courts. The most common scenario is foreclosure by a lender.

• Property seizure does not automatically terminate your tenancy.
• The new owner (bank or buyer) must still follow tenancy laws to end a rental agreement.
• You cannot be evicted without proper notice, even if the property changes hands.

For full details on general tenant and landlord rights in the province, review Tenant Rights and Landlord Rights in Saskatchewan.

Your Rights as a Tenant

Under the Residential Tenancies Act, 2006 (Saskatchewan), tenants are protected even if ownership of the property changes due to seizure. These protections ensure you:

• Receive written notice if the new owner requires you to move
• Have the right to proper notice (usually at least 2 months)
• Are entitled to continued occupancy unless/until notice is properly served
• Can seek help from the Office of Residential Tenancies (ORT) if your rights are violated

Notice Requirements

The new owner must use the correct procedure to end your tenancy after a seizure. Typically, for a month-to-month lease, you must receive at least two full months’ notice in writing. For fixed-term leases, the new owner or lender may not be able to end the tenancy before your lease expires, except in limited circumstances.

What Happens to Your Security Deposit?

If the property is seized, your rental deposit should be transferred with the tenancy. The new owner or landlord becomes responsible for your deposit. Make sure to request written confirmation from the new landlord that your deposit has been received. For a detailed overview, see Understanding Rental Deposits: What Tenants Need to Know.

If You Receive a Notice to Vacate

If the new owner or the courts ask you to leave the property, make sure the notice is in writing and meets the requirements under Saskatchewan law.

• The notice must state the reason and the date by which you must move out
• If you were not properly notified, you may file a dispute with the ORT
• You are not required to leave based solely on a verbal request or foreclosure — proper written notice is required

Key Forms Tenants Might Need

• Notice of Termination of Tenancy (served by the new owner): If you receive this form, read it carefully. Ensure it provides the correct notice period and is signed. If you dispute its validity, you can file an application with the ORT.
• Application for Hearing (ORT Form 5): Use this form if you need to challenge an improper eviction or unclear notice. Download directly from the ORT site (Form 5). Example: If you are told to move out with only one week’s notice after a foreclosure, you can apply for a hearing using this form.

Always keep copies of any documents, notices, and correspondence related to your rental. Promptly respond to official notices and reach out for help if unclear.

Paying Rent After Seizure

After property seizure, continue paying rent as usual—unless you receive formal notification about where to send payments. Once notified, pay rent to the new owner or point of contact. For more on your rental payment responsibilities, visit Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Next Steps for Affected Tenants

If you learn your rental is being seized:

• Stay calm—your tenancy is protected by Saskatchewan law
• Gather and keep all written notices and correspondence
• Continue to pay rent until you’re instructed (in writing) to pay someone else
• If you disagree with a notice or timeline, apply for an ORT hearing right away

You may also want to explore rental homes in your area as a backup plan if you’re required to move.

FAQ: Rental Property Seizure in Saskatchewan

1. What should I do if I receive a foreclosure or eviction notice?
   You should first check that the notice is valid and in writing. If you think it doesn’t meet legal requirements, contact the Office of Residential Tenancies or file a dispute.
2. Who do I pay rent to after seizure?
   Continue paying your current landlord until you’re officially notified to pay someone else. Always keep proof of payments and communications.
3. Can my tenancy be terminated immediately after seizure?
   No, the new owner must give you proper written notice according to Saskatchewan law and your lease structure.
4. What happens to my security deposit if the property is seized?
   Your security deposit is transferred with your tenancy to the new owner/landlord. Request written confirmation from them for your records.
5. Where can I get help if I feel my rights aren’t respected?
   Contact the ORT for guidance, or seek tenant advocacy assistance listed below.

Key Takeaways for Tenants

• Your rental rights remain protected even if the property is seized or foreclosed.
• You must receive proper written notice before being asked to move out.
• If in doubt, promptly contact the ORT and keep documentation of all communications.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) – Tribunal for rental disputes, applications, and tenant rights
• Saskatchewan Renting & Leasing Information – Official government guide
• Public Legal Education Association of Saskatchewan (PLEA) – Free legal information for tenants
• See full details on Tenant Rights and Landlord Rights in Saskatchewan

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1. Residential Tenancies Act, 2006 (Saskatchewan) – full legislation
2. Office of Residential Tenancies – provincial tribunal
3. Government of Saskatchewan – Renting and Leasing information

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