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Saturday, February 13, 2016
Saskatchewan Justice

The Landlord and Tenant Act regulates landlords and tenants generally, e.g., commercial and agricultural leases. It does not apply to most rented apartments, homes and mobile home lots where people live. These types of residential tenancy agreements are dealt with under The Residential Tenancies Act. If you are looking for information about a residential tenancy, use this website

Under The Landlord and Tenant Act, if the lease contains a provision that the tenant will not assign or sublet without the lessor's permission, the Act states that, unless the lease contains an express provision to the contrary, such permission must not be unreasonably withheld.

A week's notice or a month's notice to terminate a tenancy is sufficient notice for weekly or monthly tenancies.

The landlord has a right of re-entry for breach of a lease. However, the landlord must give notice to the tenant of the particular breach. The tenant must be given a reasonable time to compensate the landlord and to remedy the breach if it is capable of remedy.

The tenant may apply to the Court of Queen's Bench for relief against forfeiture if a landlord is proceeding to enforce a right of re-entry or forfeiture for non-payment of rent or for another cause.

Every landlord has a right, known as distress, to seize and sell the property of the tenant distained in cases of unpaid rent. The Act sets out, in detail, the rights of the parties and the procedure for distress in a variety of circumstances.

After a lease ends, if a tenant wrongfully refuses to leave the land after being given a written demand, the landlord may apply to the Court of Queen's Bench for a possession order. The Act sets out the rights of the parties in such an application and the procedure that must be followed. The order of the Court is subject to appeal.

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