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As a landlord in Saskatchewan, you may be able to evict a tenant from your rental property based on certain criteria like non-payment of rent, excessive property damage, or gross violation of the lease terms.
However, it’s crucial that you follow the eviction process as outlined in the Residential Tenancies Act for it to be successful and legal. It’s also important that you familiarize yourself with landlord-tenant laws as part of the Residential Tenancies Act.
The following is everything you need to know about the legal eviction process in Saskatchewan.
Possession of a Unit by a Landlord
As a landlord, there are only two ways in which you can regain possession of your Saskatchewan rental property, if the tenant leaves on their own, or a sheriff from the court of Queen’s Bench removes them.
Note that the sheriff is the only person with the authority to physically remove the tenant from their rented property.
Lease Termination Notice
You have a right to evict a tenant on reasonable grounds but to do so legally you must use a form provided by the Landlord and Tenant Board (LTB). If you serve the notice to a tenant and they oblige, great! No further action is be needed.
However, if they don’t leave, you would then have to apply for an order from the Office of Residential Tenancies (ORT). The Office of Residential Tenancies will then make a determination on whether the eviction is valid or not.
The type of notice to serve a tenant depends on the violation committed. For nonpayment of rent, for instance, you must serve them a Form 7.
Common Reasons for Eviction in Saskatchewan
Nonpayment of Rent
This is by far the most common reason for eviction in Saskatchewan. If the tenant hasn’t paid rent for 15 days or more, a landlord can begin the eviction process by serving them a Form 7.The notice informs the tenant how much rent they owe and instructs them to do one of two things: pay the money that is owed and leave or get evicted.
If the tenant doesn’t pay and leave, a landlord can proceed with their eviction by applying to the Office of Residential Tenancies (ORT).
Furthermore, when a tenant signs a lease agreement, some utilities will naturally be transferred to their name. If they fail to pay them, a landlord can issue with a Form 7a. Form 7a is specific to missed utility payments and gives a tenant 15 days to pay. If they don’t, a landlord can issue them with a Form 7.
Eviction for Cause
A landlord can also evict your tenant for breaching the terms of the lease or tenancy agreement. In most cases, the landlord must give the tenant some reasonable time to correct the violation committed. The only exception is smoking when the lease has prohibited it.
A landlord will need to serve the tenant a Form 8 and the tenant one month to leave or else get evicted.
These are a few of the lease violations that give landlords cause for eviction:
- Failure by the tenant to pay a security deposit when it’s due
- Consistently making late rent payments on the rental unit
- Disturbing others, including the landlord
- Putting the health and safety of others at risk
- Engaging in illegal activities while at the property
- Causing excessive property damage
- Repeatedly violating the reasonable rules set by the landlord
Personal Use
A landlord can evict a tenant because either they themselves, a close family member or a friend wishes to occupy the property.
In such a case, the landlord would need to provide the tenant with at least 2 months’ notice and a Form 8b before beginning the eviction process. This, however, doesn’t apply for tenants on a fixed-term lease.
Eviction of Employee
As a landlord, you may provide a rental unit to a caretaker or a manager to occupy it for the term of employment. Should the landlord later revoke their employment, they may be able to evict the tenant from the landlord’s property.
For this purpose, the landlord must serve them Form 8a. This will give them one calendar month to leave or else face eviction.
Demolition or Major Renovations
Do you wish to demolish the property, convert it for new uses or do a major renovation? If so, you must seek all the necessary permits from relevant authorities.
Once they have acquired the correct permits, the landlord must then give the tenant a 2 months’ notice, provided they are on a fixed-term lease. Tenant’s on a fixed-term lease cannot be evicted due to these circumstances.
Housing Program Use
A landlord may be able to terminate a lease for any of the following three reasons:
- You intend to convert the property for use in a housing program
- The tenant doesn’t meet the housing program requirements, for example, the tenant’s income now exceeds the requirements for program eligibility.
- The tenant occupies a property that’s structural features or size exceeds their requirements. An example of this would be units adapted to accommodate wheelchairs but the tenant occupying the space doesn’t use one.
A landlord must serve the tenant a Form 8e for this purpose. And it may only apply to tenants in a fixed term lease agreement.
Sale of Property
In Saskatchewan, landlords may also evict tenants from a property they have sold and the incoming landlord or their relative wants to occupy it.
In a case like this, the landlord must give the tenant a notice of at least one month and serve them a Form 8c. It should also be noted that this only applies to tenants on a periodic tenancy agreement.
As a landlord, you cannot evict a tenant under these circumstances if they have a fixed-term lease.
Summary:
There are many reasons one might need to evict a tenant, however, it’s important for the landlord to always follow the correct procedures to ensure that everything is done legally.
If keeping track of all the necessary notices, documents, and legal protocols seems overwhelming, considering hiring the services of a professional property management company like Cressman Realty & Property Management.
Disclaimer: The information provided in this post is only meant for educational purposes only. For further help, please consider hiring expert legal help or an experienced property management company.
