Saskatchewan Lease Requirements: Mandatory Terms

Saskatchewan's Residential Tenancies Act, 2006 (which came into force on March 1, 2007) sets clear requirements for tenancy agreements. Understanding when a written lease is required, what it must contain, and which clauses are prohibited is essential for every landlord operating in the province.

When is a Written Lease Required?

Under Section 20 of The Residential Tenancies Act, 2006, a tenancy agreement for a fixed term of three months or longer must be in writing. If such an agreement is not in writing, the tenancy is legally deemed to be a periodic tenancy (Section 21).

What Happens Without a Written Lease?

If a fixed-term tenancy for three months or longer is not in writing or does not specify an end date, it automatically becomes a periodic tenancy. Even without a written lease, Section 19 requires that certain mandatory information must be provided to the tenant in writing within 20 days.

Mandatory Lease Contents

Every written tenancy agreement in Saskatchewan must include (Section 19):

Basic Information

1. Legal names of both the landlord and tenant
2. Address of the rental unit
3. The date the tenancy agreement is entered into (signing date)
4. The date the tenancy commences (start date)
5. Landlord's address for service and telephone number
6. Emergency repair telephone number (if different from the landlord's general contact)

Tenancy Terms

7. Type of tenancy — periodic basis or fixed-term end date
8. Rent amount and the period it covers (payment frequency)
9. How rent varies with the number of occupants (if applicable)
10. Rent due date — the day of the month (or period) on which rent is due

Financial Details

11. Utility payment responsibilities and identification of services and facilities included in the rent
12. Security deposit amount and the date it was or must be paid

Standard Conditions

13. A complete copy of the Standard Conditions as prescribed by Schedule 1 of the Regulations.

Prohibited Lease Clauses

Under Section 23, any clause in a tenancy agreement that contradicts or attempts to alter rights or obligations under the Act is void and unenforceable. Common invalid clauses include:

• Requiring a security deposit exceeding one month's rent (Section 25)
• Waiving the tenant's right to 24-hour notice before entry (Section 45)
• Shortening the required notice periods for rent increases (Section 54)
• Requiring tenants to pay for normal wear and tear upon move-out
• Prohibiting tenants from filing complaints with the Office of Residential Tenancies (ORT)
• Imposing penalties beyond the statutory late fee limits (maximum $5 per day, up to $25 per month per Regulation 7)

Providing the Agreement to the Tenant

The landlord must provide the tenant with a signed copy of the written tenancy agreement within 20 days of entering into the agreement (Section 19(2)). For oral agreements, the landlord must provide the mandatory contact and financial information in writing within 20 days (Section 19(3)).

Landlord Rules and Policies

If a landlord wishes to impose additional rules beyond the lease terms (e.g., quiet hours, guest policies), these rules must be:

1. Reasonable — not arbitrary or discriminatory
2. In writing — verbal rules are difficult to enforce
3. Communicated to the tenant — before they are expected to take effect

Tenants can challenge unreasonable rules through the Office of Residential Tenancies.

Lease Renewal and Expiry

Fixed-Term Leases

• Under Section 55, landlords must provide a notice of intention to renew or not renew at least 2 months before the lease expires.
• If the tenant agrees, a new fixed-term lease is signed.
• If neither party acts, and the tenant stays with the landlord's consent, the tenancy typically converts to month-to-month.

Periodic (Month-to-Month) Tenancies

• Tenant Notice: A tenant may end a periodic tenancy with one month's written notice given on or before the day before rent is due (Section 56).
• Landlord Notice: A landlord cannot end a periodic tenancy without specific grounds under the Act. Notice periods include:
  • 2 months for landlord or family occupancy (Section 58).
  • 6 months for demolition or major renovations (Section 60).
  • 1 month for cause or tenant breach (Section 61).
  • 15 days for rent arrears (Form 7).

Subletting and Assignment

Tenants may request to sublet or assign their lease. Under Section 50:

• Landlords cannot unreasonably withhold consent to a sublet or assignment.
• The landlord may require the proposed subtenant to meet reasonable eligibility criteria.
• The original tenant remains responsible for the lease obligations during a sublet.

Best Practices for Landlords

1. Always use a written agreement — even when not legally required, it protects both parties.
2. Include all mandatory terms — ensure compliance with Section 19.
3. Attach the Standard Conditions — these are mandatory under Section 19 and the Regulations.
4. Provide the signed copy promptly — do not miss the 20-day statutory deadline.
5. Keep signed copies on file — store digitally for easy access during ORT disputes.
6. Review your lease template annually — ensure it reflects any amendments to the Act.
7. Never include prohibited clauses — Section 23 makes these void even if signed.

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How Landager Helps

Managing rental properties in Saskatchewan requires strict adherence to The Residential Tenancies Act, 2006, particularly the 20-day mandatory window for providing a signed copy of the agreement to tenants. Landager simplifies this compliance by automating lease delivery tracking and providing secure digital storage for signed contracts. For fixed-term tenancies, Landager's intelligent reminder system ensures landlords meet the 2-month notice requirement for renewal or termination (Section 55), preventing unintended conversions to periodic tenancies. By integrating the mandatory Standard Conditions and validating lease terms against prohibited clauses, Landager protects your business from the administrative risks often scrutinized by the Office of Residential Tenancies (ORT).