How to Become a Landlord in Saskatchewan

The research behind this guide found no provincial licence or registry for residential landlords. The rules come from The Residential Tenancies Act, 2006 and its regulations, which apply to tenancy agreements, rental units and other residential property.

Two caveats are worth knowing.

• Non-resident landlords. A landlord who does not live in Saskatchewan and has no office there where they can be served must file a power of attorney with the director of the Office of Residential Tenancies (ORT) before carrying on business. It names a person in Saskatchewan to receive notices and applications.
• Your city. The Regina housing page read for this guide showed no rental licensing requirement for long-term rentals. Saskatoon was not checked. Ask your city before you list, especially for a secondary suite or a short-term rental.

The Act does not cover every kind of stay. It excludes, among others, hotel and motel stays under six consecutive months, shelters, and housing rented as part of a farm. A plain apartment, house or basement suite rented to a tenant is inside the Act.

Settle these points before you advertise.

1. Confirm you can rent the unit. Check your city's rules, and check with your own insurer. The Act does not address tenant insurance, so any requirement would be a term you set in the lease.
2. Decide the rent and the terms. The rent, the due day, which utilities and services are included, and whether the tenancy is fixed term or month-to-month.
3. Plan your screening. You can ask for relevant information, but you cannot charge an application fee. See how to screen tenants legally in Saskatchewan.
4. Prepare the lease. Use a written agreement that includes the standard conditions and the items the Act requires.
5. Prepare a condition checklist. The ORT publishes an optional Condition of Premises Checklist for move-in and move-out.
6. Set up the deposit. One deposit, up to one month's rent, taken when the agreement is entered into.

You cannot refuse an applicant on a ground listed in The Saskatchewan Human Rights Code, such as family status or receipt of public assistance. Families with children, for example, cannot be turned away.

Oral and implied agreements count as tenancy agreements under the Act. A written agreement is required only for a fixed term of three months or longer. A written agreement with no end date is a monthly periodic tenancy. In practice, put everything in writing.

A written agreement must include the standard conditions in Schedule 1 of the Regulations, whether or not they are written in, and these items:

• the names of the landlord and tenant, and the address of the unit
• the landlord's address for service, phone number and an emergency number
• the start date, and the period or end date
• the rent, how it varies with the number of occupants, and the day it is due
• which utilities each side pays, and which services are included
• the security deposit

The standard conditions cannot be changed or removed, and a term that contradicts the Act is void. No particular lease form is mandatory. The ORT publishes a sample Fixed Term Tenancy Agreement (Form 04) that you can use.

You must give the tenant a copy of the signed written agreement within 20 days. If you do not, the tenant's obligation to pay rent is suspended. For oral agreements you must give the tenant your address for service and phone number in writing within 20 days. See the Saskatchewan lease agreements guide for the tenant's view.

You may also set written rules about the use and upkeep of the unit, such as a no-smoking rule, if they are made known to the tenant and are reasonable.

Deposit. The maximum is one month's rent and you may take only one deposit per agreement. The tenant can pay half at signing and the balance within two months of taking possession. After move-out you have seven business days to return the deposit or serve a notice of claim. The details are in the Saskatchewan landlord deposit guide.

Rent receipts. You must give a receipt for rent paid in cash.

Rent increases. The Act regulates timing and notice. The research found no limit on the amount in the Act.

• You need to give 12 months' written notice for a periodic tenancy. A landlord who is a member in good standing of a prescribed association can give six months.
• The first increase cannot take effect until 18 months after the tenancy begins, and then only once every 12 months. The prescribed association rules are 12 months, then six.
• During a fixed term, rent can rise only if the amount and timing were agreed when the lease was signed.

A notice that does not give enough time is not void. It takes effect on the earliest date that does comply. For more, read the Saskatchewan rent increase guide.

The Act does not set a rule for late fees or for non-sufficient-funds charges, and none was found in the official sources, so do not put one in a lease without checking with the ORT.

Repairs. You must keep the property in a good state of repair and fit for habitation, use and enjoyment, even if the problem existed when the tenant moved in. You must also keep services and facilities you supply in good repair. A tenant must keep the unit reasonably clean and repair damage they cause.

Entry. You need written notice at least 24 hours and not more than seven days before entering, with a reasonable purpose and a four-hour window between 8 a.m. and 8 p.m. Emergencies are the exception. See what to do when a tenant refuses entry.

Services. You must not cut off or restrict a service or facility, including utilities and heat, without the tenant's agreement or an ORT order.

Locks and property. You may change the locks only if the tenant agrees and you give them new keys, or a hearing officer orders it. You must not seize a tenant's belongings.

Quiet enjoyment. Tenants are entitled to reasonable privacy and freedom from unreasonable disturbance.

Breaking the Act is an offence. A corporation can be fined up to $1,000, and an individual up to $500, up to six months in jail, or both.

You cannot end a tenancy just because you want to. The Act allows notice on set grounds, and the notice must be on the approved form.

• Unpaid rent: a notice can end the tenancy if rent is unpaid for 15 days or more after it is due. If the tenant does not leave, you apply to the ORT for an order of possession.
• Cause: not earlier than one month after the tenant receives the notice, with a reasonable period to remedy where the problem can be fixed.
• Your own use, renovations or demolition: not earlier than two months after the tenant receives the notice for a periodic tenancy, and one month for a sale where the purchaser will occupy.
• End of a fixed term: the tenancy ends on the end date unless there is a new agreement. You must serve a written notice of your intentions, the Term Lease Two Month Notice of Intention Form, not later than two months before the end date.

You cannot retake the unit yourself. You need an order of possession and a writ directed to the sheriff, unless the tenant has vacated or abandoned the unit. See the Saskatchewan eviction guide for the full route.

The Office of Residential Tenancies is where the forms, sample leases and online portal are. The application fee for most applications is $50. For the basics in one place, the pages at how to become a landlord and what rights landlords have give shorter answers.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.