Tenant Sublet Without Permission in Saskatchewan

No. Under section 50(1) of The Residential Tenancies Act, 2006, a tenant may assign a tenancy agreement, or sublet a rental unit under a fixed term tenancy, only with the written consent of the landlord. The standard conditions of a tenancy agreement in the Regulations (condition 6(1)) repeat the same rule.

Two points about the wording. First, the section speaks of subletting under a fixed term tenancy. It does not mention subletting a month-to-month tenancy, and the official sources reviewed for this guide say nothing more on it. If your tenant is month-to-month, ask the Office of Residential Tenancies (ORT) how the rule applies before you act. Second, the Act asks for written consent, so a casual verbal OK is not what it describes.

You also cannot refuse for no good reason. Section 50(2) says a landlord must not unreasonably withhold consent. The one exception is a landlord that is a public housing authority, which may refuse on any grounds (s.50(4)). The sources reviewed do not list what counts as unreasonable, so if you plan to refuse, keep your reasons in writing and be ready to explain them to the ORT.

For the tenant's side of the same rules, see Saskatchewan breaking a lease and subletting.

Section 50(5) of the Act says you may not charge a fee for this unless the regulations allow it. The Residential Tenancies Regulations, 2007 do allow one: section 8 sets a fee of not more than $20 for considering, investigating or consenting to an assignment or sublease under a fixed term tenancy. The standard conditions repeat that limit.

• You may charge up to $20 for considering the request, checking out the new person, or giving consent.
• Otherwise the Act allows no charge for this step.
• The Act also bars fees for accepting a tenancy application, so do not stack a screening fee on top.

The Act lets the government list classes of fixed term tenancies that may not be assigned or sublet. The Regulations text reviewed for this guide lists none, but check the current Regulations before relying on that.

A tenant who purports to assign or sublet without first getting your written consent gives you a ground to end the tenancy by notice (s.58(1)(i)). The steps run in this order.

1. Confirm what happened. Get the facts in writing: who is living there, since when, and whether the tenant ever asked you.
2. Give a reasonable period to remedy. Before ending a tenancy on this ground, the Act requires you to give the tenant a reasonable period to fix anything that can be fixed (s.58(2)). The Act does not say how long that is, or what fixing looks like in a sublet case. Put your request and your deadline in writing.
3. Serve the approved notice. The notice must be in writing, dated, show the unit address, state the end date, state the grounds, and be in the approved form (s.63). The ORT online portal lists it under New Notice as a one calendar month notice to vacate for cause, formerly Form 8. See the ORT forms and documents list.
4. Set the end date correctly. It must be no earlier than one month after the tenant receives the notice, and on the day before the rent payment day in the month or other rent period (s.58(3)).
5. Allow 15 days to dispute. The tenant has 15 days after receiving the notice to dispute it in writing. If they do not, they are deemed to accept the end date and must vacate (s.58(5), (6)).

See also ending a tenancy by notice in Saskatchewan.

If the tenant disputes the notice, you may apply to the ORT for an order ending the tenancy. You carry the onus: you must show you are entitled to end it (s.67). An application under section 70 costs $50, which is not refundable. Applications are made through the ORT online portal.

If the tenant simply stays, you still cannot remove them yourself. Section 65 says a landlord may regain possession only if the tenant has vacated or abandoned the unit, or the landlord has an order for possession and a writ of possession directed to a sheriff. Changing the locks or removing belongings is not a shortcut. For what happens at the hearing, see what happens at a landlord and tenant hearing, and for lockouts see changing the locks in Saskatchewan.

Even with your consent, the original tenant stays liable after an assignment or sublet. That covers matters that are the tenant's responsibility under the Act or the agreement, and matters that arose before the assignment or sublet date (s.50(3)). A sublet does not let the original tenant walk away from damage or unpaid rent.

If you suffer a loss because of a breach, the Act lets you claim compensation but also requires you to do whatever is reasonable to minimise the loss (s.8). At the ORT, a hearing officer can order damages, including arrears of rent, and can order a person to stop contravening the Act (s.70(6)). A monetary claim to the ORT may not exceed $30,000 under the Regulations.

The ORT page says you may claim outstanding rent at a possession hearing. See the Office of Residential Tenancies page for how to apply.

The Act, Regulations and government pages reviewed do not state several things landlords often ask. They are not banned or allowed, they are simply not stated, so ask the ORT.

• Security deposit. No rule was found on what happens to the deposit when a tenant assigns or sublets.
• Rent from a subtenant. No rule was found on who collects rent from a subtenant.
• A person moving in without consent. No rule was found for an occupant who is not a subtenant, beyond two points: a ground to end a tenancy exists for an unreasonable number of occupants (s.58(1)(c)), and the agreement can include a clause about rent for additional occupants. That clause was not read in full for this guide. For the general question, see can my tenant move someone in.
• Month-to-month sublets. Nothing beyond the wording of s.50(1).

Keep every message about the sublet in writing and keep copies of notices. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.