Changing the Locks in Saskatchewan

Only in two situations. Section 48(2) of The Residential Tenancies Act, 2006 says a landlord must not change the locks or other means of access to a rental unit unless the tenant agrees to the change and the landlord gives the tenant new keys or other means of access. The Regulations (standard condition 12(1)) add that neither a landlord nor a tenant may change locks or security codes to a unit unless they agree, or a hearing officer has ordered the change.

So a lock change in the middle of a dispute, with no agreement and no order, is not allowed. Owing rent does not change this: the Act gives no exception for it.

For shared or building access, section 48(1) says that when you change locks, you must provide each tenant with new keys or other means that give access to the residential property. Rental unit keys are covered in is a landlord allowed to have a key.

A lockout is only one kind of self-help the Act restricts. A landlord may not restrict the tenant's access to the residential property (s.46(1)). A landlord also may not seize the tenant's personal property or interfere with the tenant's access to it, except under a court order, an order under section 85, or the abandoned goods steps in section 85(4) to (6) (s.12(1), (2); standard condition 11).

That covers a pile of belongings on the lawn, a padlock on the door, and refusing to let the tenant collect their things. If you think the tenant has abandoned the unit, do not assume you may change the locks. The Act lets you enter on apparent abandonment (s.45(1)(e)), but the lock rule in section 48 has no abandonment exception. The sources reviewed do not say you may change the locks after abandonment, so ask the Office of Residential Tenancies (ORT) first. See what to do when a tenant leaves belongings behind in Saskatchewan.

Section 65 says no landlord may regain possession of a rental unit unless the tenant has vacated or abandoned it, or the landlord has obtained an order for possession and a writ of possession has been directed to a sheriff. The steps depend on why you want the tenant out.

1. Unpaid rent or utilities. A landlord may end a tenancy by immediate notice if rent is unpaid for 15 days or more after it is due (s.57(1)). The ORT portal lists this notice under New Notice. It was formerly Form 7, Immediate Notice to Vacate and Notice of Arrears.
2. Other breaches. Section 58 lists grounds such as repeated late payment, extraordinary damage or breach of a material term. You must first allow a reasonable period to remedy what can be remedied, and the notice must end the tenancy no earlier than one month after receipt. The tenant has 15 days to dispute it in writing.
3. If the tenant does not leave, apply to the ORT under section 70. The fee is $50 and is not refundable. If you win, you get an order for possession.
4. Enforcement. A writ of possession is directed to a sheriff. Only then may possession be taken back.

See how to evict a tenant in Saskatchewan, the eviction process and ORT hearings and can a landlord evict you immediately.

A tenant can apply to the ORT under section 70 for an order of possession. If the hearing officer finds the landlord locked the tenant out without justification, the officer may award punitive damages against the landlord (s.66(1), (4)). A hearing officer can also order any person found contravening the Act to stop and comply (s.70(6)(a)).

Contravening the Act is an offence. Under section 79, an individual can face a fine of up to $500, up to six months in jail, or both. A corporation can face a fine of up to $1,000. The sources reviewed do not describe how often charges are laid.

For you as a landlord, this means a lockout can turn a solvable rent problem into a penalty and a delay. A proper notice and an ORT application are slower, but they end with an order you can enforce.

The rule runs both ways. A tenant may not change a lock on the unit unless you consent or the director has ordered the change, and may not change common area locks without your consent (s.48(3), (4)). At the end of the tenancy, the tenant must give you all keys or other means of access in their possession or control (s.51(b)).

Several points are not stated in the sources reviewed, so ask the ORT instead of guessing:

• Whether the tenant's agreement to a lock change must be in writing. The text says "agrees", not "in writing". Getting it in writing is sensible anyway.
• How quickly you must hand over new keys. The Act says you must provide them, with no time stated.
• Any ORT page specific to lockouts. None was found in the sources reviewed.

No special form is needed for the lock rule. A tenant applies under section 70 through the ORT portal. The Office of Residential Tenancies page explains how to apply.

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