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Is there anything a landlord must do first before the start of a new tenancy?
No, but is a good idea to start by screening all potential tenants, including obtaining their rental history, income, credit, and criminal background. Landlords can use the ezLandlordForms rental application to gather all of a potential tenants personal information, to start the screening process, and are welcome to run tenant screening reports through this website. Landlords may not charge application fees or screening fees however.
Is a written lease required in Saskatchewan?
A written lease agreement is not required but it is a good idea to have one. When a written lease is used, the landlord must give the tenant a copy of the lease within 20 days of the time they enter into the tenancy. If there is no written tenancy agreement the landlord must provide the tenant with a phone number and address of the landlord, or a way to contact the landlord in case of an emergency.
Is the landlord or tenant responsible for maintaining the rental unit?
The landlord is responsible for maintaining the rental unit and keeping it in a habitable state.
When can a landlord enter the rental unit?
There are specific rules for a landlord to follow before entering the rental unit that is under a tenant’s possession. This does not apply if there is an emergency. The landlord must give at least 24 hours written notice, stating why and when they will be entering the unit. Landlord’s right of entry can not be more than a 7 days notice.
Are rent receipts required?
If rent is paid in cash, the landlord must give the tenant a rent receipt.
What can a landlord do if tenant is late on rent?
If the rent remains unpaid for at least 15 days, the landlord can begin evicting a tenant by serving them with a Saskatchewan Immediate Notice to Vacate (Non-Payment).
Are there specific fees that a landlord can charge a tenant?
A landlord may not charge any application fee, this includes for accepting, processing or investigating a tenant. A late fee is permitted if it is specified and agreed upon by both, landlord and tenant. Late fees can never be assessed as a penalty but rather a predetermined estimate of costs incurred by the landlord when the rent is late.
Are there any restrictions on security deposits?
Yes, the security deposit may not be more than one month’s rent.
What happens with a security deposit after the tenant moves?
The tenant should provide the landlord with a forwarding address. The landlord has 7 business days to make any claim against the security deposit. Optimally, the tenant and the landlord can come to a written agreement for the disbursement of the security deposit along with any claims made against it.
When are rent increases allowed?
Fixed-term tenancies normally do not have mid-term increases. However if a landlord and tenant agree to a future rent increase before the tenancy starts, it is allowed. The agreement must state how much the increase will be in either percentage form or dollar amount, and when the increase will start. For periodic lease agreements (e.g. month-to-month), landlords must wait at least 18 months after the tenancy starts, and 12 months after the previous increase. Saskatchewan Rental Housing Industry Association Inc. (SRHIA) members must wait 12 months after the tenancy starts, and 6 months after the previous rent increase.
What is the rate of rent increase that is permitted under the Act?
The Saskatchewan Residential Tenancies Act (RTA) does not restrict the rate of rent increase.
What can a landlord evict a tenant for?
The landlord can evict a tenant:
- If a tenant fails to pay rent or pays late frequently
- If a tenant fails to pay the security deposit within 30 days
- If the tenant, their occupants and/or guests are disruptive to reasonable enjoyment, health or safety
- If the tenant, their occupants and/or guests have caused damage to property
- If the tenant has violated a provision of the lease agreement
- If a tenant is undertaking illegal activities.
How can I get all the details of what a landlord in Saskatchewan may and may not do?
Every landlord should read and become familiar with the Saskatchewan Residencies Tenancy Act of 2006.
Disclaimer:
The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.
