Tenant Won't Leave After Notice in Saskatchewan

A notice, even a correct one, does not remove a tenant. A tenant who stays after the tenancy has ended is an overholding tenant. Under the Residential Tenancies Act, 2006 you must not take actual possession of a unit occupied by an overholding tenant unless you get an order for possession and a writ of possession directed to a sheriff. The only exception is a tenant who has vacated or abandoned the unit.

So the next step is the Office of Residential Tenancies (ORT). The tenant-side view of the process is in our Saskatchewan eviction process guide. For the short version, see what to do if a tenant refuses to move out.

What you do next depends on the kind of notice and whether the tenant answered it.

If you applied to the ORT before the tenant's 15 days ran out, the tenant is not treated as having accepted the end date. Simply staying in the unit is not a valid dispute on its own.

For a fixed term, you must serve the written notice of your intentions at least two months before the term ends. If you skipped it, a hearing officer can continue the tenancy as a periodic tenancy or end it. Also confirm the notice itself: it must be in writing, dated, give the unit's address and the effective date, state the grounds and be on the approved form. A wrong effective date is corrected to the earliest valid date, so it does not void the notice.

1. File the application. The fee is $50 and is non-refundable. For unpaid rent or utilities you can claim the arrears at the same possession hearing.
2. Serve the notice of hearing. The ORT sends a notice of hearing, and you serve it on the tenant as the director directs.
3. Attend the hearing. It can be held by phone or electronic means. If the tenant was given notice and does not attend, the hearing officer may go ahead and decide.
4. Ask for the order and writ. If the hearing officer finds you are entitled to possession, the order can include a writ of possession, and it takes effect on the date set in it.

See the full sequence from notice to writ in how to evict a tenant in Saskatchewan, and the notice rules in landlord notice to end a tenancy in Saskatchewan.

The writ is directed to the sheriff acting at the judicial centre nearest the unit and tells the sheriff to place you in possession as soon as reasonably possible. It expires 30 days after it is ordered, unless the hearing officer sets another date. The writ form tells you to deliver it to the sheriff at least 5 business days before it expires, because the sheriff needs time to enforce it.

The writ puts you in possession of the unit as it is occupied by the tenant or anyone claiming through the tenant. The writ form warns that the sheriff will remove the occupants. You do not need a separate process for other people living there.

An appeal can slow this down. A tenant can appeal to the Court of King's Bench on a question of law or jurisdiction within 30 days after the order is signed and dated, and filing the notice of appeal stays enforcement of the writ unless the court orders otherwise. If the order was for unpaid rent, unpaid utilities or repeated late rent, the tenant must first deposit one month's rent with the director and file the certificate of payment. A tenant who never got notice of the hearing can ask for a rehearing.

• Do not change the locks. Only with the tenant's agreement and new keys, or by order.
• Do not remove belongings. You may not seize a tenant's personal property without a court or ORT order, outside the abandoned property rules.
• Do not cut utilities or services. They cannot be ended or restricted without the tenant's agreement or an ORT order.
• Be careful what you accept. Unless you and the tenant agree otherwise in writing, taking arrears or payment for use of the unit after a notice does not cancel the notice or create a new tenancy.

The offences carry fines of up to $1,000 for a corporation, and up to $500, six months in jail, or both for an individual. Punitive damages are available for a lockout without justification.

The Act does not define when a unit is abandoned. A landlord may enter if the tenant reasonably appears to have abandoned the unit, and a tenancy ends when the tenant vacates or abandons the unit. If you are unsure, the safe route is an order of possession.

For belongings left behind, the rules turn on value. If you reasonably estimate them at $1,500 or less, you must first make reasonable efforts to find the tenant and be reasonably satisfied that the tenant cannot be found or has not made reasonable arrangements. Above $1,500, you apply to the ORT for a property disposition order, up to one year after the tenancy ends. No minimum storage time was found. A landlord who disposes of goods improperly is liable. Sale proceeds can cover amounts owing under an ORT order, and the rest goes to the director for the tenant. More is on the property left behind page and in what to do if a tenant has abandoned property.

After the unit is back, deal with the money. Within seven business days after you know the tenant moved out, you must return the deposit with any interest, or return the unclaimed part and serve a notice of claim for the rest through the ORT portal, holding the claimed part for 30 days. A monetary claim can be filed with the ORT up to one year after the act or omission, for up to $30,000. Once the appeal period is over, a certified copy of the ORT order can be filed in the Court of King's Bench and enforced like a judgment, through the sheriff. You must also do what is reasonable to keep your loss down.

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