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Sunday, November 23, 2014
Saskatchewan Justice

 


 Immediate termination of a tenancy:

A landlord may terminate a lease immediately and take steps for possession by serving notice (Form 7 - Immediate Notice to Vacate) if rent is more than 15 days behind.

Any utilities that remain unpaid for 15 days after the landlord gives notice (Form 7a - Notice of Utility Arrears) are treated as rent arrears.

A landlord may apply for an order for possession immediately if there is significant:

  • interference or disturbance with others living nearby or the landlord, or serious jeopardy to the health and safety of those people;
  • property risk;
  • noxious, offensive or illegal acts that may be a risk to cause serious jeopardy to the health and safety of neighbours or the landlord or to property; or
  • extraordinary damage has been caused. 

In the circumstance outlined above, the landlord does not have to provide any warning notice but may proceed directly to apply for a hearing to obtain an order to regain possession. The landlord may apply for an Order of Possession from the Office of Residential Tenancies if the tenant does not leave.

Terminations of tenancy with one-full calendar month's notice:

A landlord must otherwise have one of the following reasons before they can terminate the lease and take steps for possession:

  • the security deposit remains unpaid for more than 30 days;
  • the tenant is repeatedly late paying rent;
  • an unreasonable number of occupants are living in the rental unit;
  • the tenant or tenant's guests disturbed or jeopardized the health or safety of others living around them or the landlord;
  • the tenant or guest put the landlord's property at significant risk;
  • the tenant or guest engaged in a noxious, offensive or illegal act on the property that may cause damage to property;
  • the tenant or guest is affecting the privacy rights or safety of others living nearby or the landlord;
  • the tenant or guest has caused extraordinary damage to the property;
  • the tenant fails to repair the rental unit after being given notice and a reasonable time to do the repair;
  • the tenant has breached a material provision of the agreement and, after being given notice and opportunity, the breach has not been remedied;
  • the tenant has assigned the rental agreement or sublet the rental unit without the landlord's written consent;
  • the tenant gives false information about the rental property to prospective renters or purchasers;
  • the tenant does not comply with an order from the Office of Residential Tenancies;
  • the tenant lives in an owner-occupied home and the tenant or tenants guest continues to smoke when requested not to smoke;
  • to comply with any order of a government;
  • there is a breach of a necessary term for a public social housing landlord; or
  • any reason judged proper by the Office of Residential Tenancies. 

In these cases the landlord must give notice and allow the tenant a reasonable amount of time to correct the situation, if possible.

Notice to a tenant to terminate a tenancy (Form 8 - Notice to Vacate) must be in writing and must be given to the tenant by the last day of the preceding rental period. So, in month-to-month tenancies, a notice given during one month will be effective at the end of the next month. The tenant may dispute the reason for the notice within 15 days, or the tenant is deemed to have accepted the notice and must vacate.

There are two other special situations that also require one full calendar month's notice for termination of a tenancy:

Employee:

The landlord may end a tenancy of an employee whose employment has ended by giving notice (Form 8a - Notice to Vacate - Employee). For a month to month tenancy, the notice is effective at the end of the following month. The employee may dispute the notice within 15 days of receiving the notice. If the employee does not dispute the notice to vacate within 15 days, the employee is deemed to accepted the notice and must vacate.

Family use, demolition, renovation or conversion to condominium:

A landlord may terminate a periodic tenancy if:

  • they intend that a close family member or friend will live in the property;
  • they intend to demolish, renovate or repair the property; or
  • they intend to convert the property to condominiums or a housing co-op or to non-residential use for periodic tenancies.

In these circumstances the landlord must give notice at least by the end of the preceding month. (Form 8b - Notice to Vacate Section 60) The tenant can dispute the termination within 15 days or the tenant is deemed to have accepted. The tenant can end the tenancy earlier. A landlord can be held liable for damages if the intended use does not happen.

Notice to terminate a tenancy must be given to the tenant by the last day of the preceding rental period. So, in month-to-month tenancies, a notice given during one month will be effective at the end of the next month. The tenant may dispute the reason for the notice within 15 days, or the tenant is deemed to have accepted the notice and must vacate.

A fixed-term lease cannot be ended early for family use, demolition, renovation or conversion to condominium. The balance of the term must be honoured.



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