By Sheryl Smolkin

In Part 1 of this series for renters we looked at things to consider when you are looking for a rental property. Part 2 will focus on the legal rights of landlords and tenants in Saskatchewan. These legal obligations are prescribed in The Residential Tenancies Act 2006 and The Residential Tenancies Regulations 2007.

First of all, it’s important to understand the types of accommodation that are not covered by these rules. For example, if you are living in a school dormitory, hotel, motel, cottage or resort home rented for less than six months, these properties are excluded from the protections and responsibilities outlined in the legislation. Other exclusions are health care facilities, personal care homes and farm homes rented by people cultivating the land.

Here are some FAQs and answers about the rights and responsibilities of Saskatchewan landlords and tenants.

1. Do I need a lease?
   You and your landlord can mutually agree to a fixed, periodic, month-to-month or week-to-week type tenancy and a signed lease is not required for periodic leases. A fixed term lease of more than three months has to be in writing, must detail the date on which the tenancy expires and, must contain the provisions required by the Residential Tenancies Act. If the lease is written out, your landlord is required to give you a signed copy within a period of 20 days of when it is signed.
2. My future landlord wants a two month security deposit? Do I have to give it to him?
   No. Deposits that are collected by the landlord cannot exceed one month’s rent and they can be used to cover the cost of damages to the rental property. Your landlord can demand a security deposit, but only at the beginning of the tenancy. It is also unlawful to charge tenants key money.
3. My one year lease is expiring. Do I have to give notice that I am leaving?
   Term leases always expire at the end of the set term. Your landlord has absolutely no obligation to give notice to vacate at the end of the period, nor do you. However, your landlord is required to provide you with two months of advance notice when telling you whether or not he is willing to renew your lease, and if the landlord is willing, he must provide you with the terms of the new lease.
4. What if I want to break my lease early?
   You can end your tenancy by simply giving the follow notice:
   • A minimum of one month’s rent before the day of the month on which the rent is payable for a month-to-month tenancy
   • A minimum of one week before the day of the week on which the rent is payable for a week-to-week tenancy
   • One day’s notice if the landlord is in breach of a “material” term included in the rental agreement (for example, if the unit is in a state of disrepair and considered uninhabitable). In these circumstances, notice that is given must provide the reason the lease is being terminated, and if the breach can be remedied, you are required to give the landlord a reasonable amount of time to fix the breach before ending the tenancy.
5. My landlord told me I have to leave in 15 days. Is that legal?
   It may be if your rent or utilities have been overdue for at least 15 days. Otherwise, a landlord may end a tenancy for any of the causes set forth in s.58 of the Residential Tenancies Act (i.e., repeatedly late paying rent; unreasonable number of occupants in the unit; putting landlord’s property at significant risk etc.) by giving the following notice:
   • At least one month before the day of the month on which rent is payable for a month-to-month tenancy.
   • At least one week before the day of the week on which rent is payable for a week- to- week tenancy.
   • Earlier upon application to the Office of Residential Tenancies.

   The landlord must give you a reasonable period of time to fix the cause for which the tenancy is being terminated if the reason can be remedied. You may dispute the notice by giving notice to the landlord within 15 days after receiving his notice.

6. Can I sublet my unit?
   If your tenancy is for a fixed term, you can sublet the property with the landlord’s written consent, and the landlord can only withhold consent when it is considered reasonable to do so. The landlord can charge you a fee of no more than $20 for considering or consenting to the sublease.
7. I just moved in five months ago and my landlord wants to raise the rent effective immediately. Do I have to pay the increase?
   You do not. Landlords are required to give one year written notice of a rent increase in the event of a periodic tenancy, unless they are a member in good standing of the Saskatchewan Rental Housing Industry Association (SRHIA), in which case the landlord can give six months’ written notice of a rent increase. If a landlord ceases to be a member in good standing of the SRHIA during the six-month notice period, the notice given by the landlord will take effect after 12 months rather than six, and the landlord is required to inform the tenant of this in writing. Rent may be increased only once each year, unless the landlord is a member in good standing of the SRHIA, in which case rent can be increased twice each year. No notice of a rent increase can be served within six months of the start of the tenancy or the date of the last increase, whichever is later. Public housing authorities as well as non-profit corporations are exempt, as rent may vary with income.
8. Can my landlord enter my apartment when I’m not home?
   Your landlord can enter your rented unit in the event of an emergency, or if you agree. Otherwise, the landlord is required to provide you with 24 hours advance notice in writing for entry that takes place between 8 a.m. and 8 p.m. specifying a four hour period when they will be entering the premises.If you have provided a notice to terminate the lease, your landlord is allowed to show the property with your consent, or as may be agreed in writing with you or after the landlord has made a reasonable effort to give you two hours advance notice.
9. Can I withhold rent for repairs?
   It is not legal for you to withhold rent for repairs and may warrant an eviction for nonpayment of rent. If you have requested that the landlord make certain repairs and the landlord has not done so, you have two options other than withholding rent.The first option is to bring an application to the Office of Residential Tenancies for an order directing the landlord to do the repairs, and you may ask for a reduction of the rent until the repairs are completed.The second option you have is to contact municipal authorities to determine if any local bylaws that set minimum standards for rental properties have been broken. If so, you can ask for the property to be inspected by an official. If officials find any repairs that need to be done, an order will be issued to the landlord to fix the problems immediately.
10. Can a landlord  refuse to rent to me because I have a cat or I smoke?
    Yes. Pets are permitted in the rental unit only if they are explicitly allowed in the lease or if the agreement does not address this issue. The landlord can also include a no-smoking cause in the lease.

For general information about renting in Saskatchewan contact:

Office of Residential Tenancies
120 – 2151 Scarth Street
Regina, SK
S4P 2H8
Toll-free: 1-888-215-2222 (within Saskatchewan)
Toll-free fax: 1-888-867-7776 (within Saskatchewan)
Tel.: 306-787-2699
Fax: 306-787-5574
http://www.saskatchewan.ca/ort
See Web site for contact information for all offices.

 

By Sheryl Smolkin

We’ve written several articles about the ins and outs of home ownership, but in fact Statistics Canada reports that 31% of Canadians rent. And although 82.4% of couple-family households own their dwelling, only 55.6% of lone-parent households have purchased a residence and less than half (48.5%) of non-family households own their own homes.

While at first blush, finding and renting an apartment may not seem particularly complicated, if you’ve ever had a terrible rental experience you probably asked a lot more questions the next time around.  So in order to give renters some food for thought, this week we present the first of a two-part series on “what you always wanted to know about renting an apartment but you were afraid to ask.”

1. Location, Location, Location:
   A perfect apartment is not perfect if it is miles from work and family and not on a regular transportation route. Also, check to see if there are easily accessible grocery stores, a drugstore, schools and places of worship.
2. Paying the rent:
   Make sure you can afford the rent. The landlord may have you fill out an application, do a credit check and ask you for references. One rule of thumb is that you should budget 25%-30% of your income for rent. Typically you will have to give a first and last month’s rent when you move in. If you are a student, a parent may have to co-sign the lease.
3. What the rent covers:
   Ask about any additional charges for utilities or cable TV. Find out if you are entitled to a locker and or/parking or if there is an additional charge. Do you get a guaranteed parking spot? Is it indoors or out? Do the window coverings and the microwave stay with the apartment or go with the current tenant? How much does it cost to use the laundry machines?
4. Fuzzy and Fido:
   Do you have devoted pets who are members of your family? Don’t take for granted that dogs or cats are allowed. Even if you have a very small, quiet, dog you will have to take him out several times a day and there is always a nosey neighbor who will notify management that you are breaching the lease.
5. Property inspection:
   Make sure you get to inspect your unit before you sign on the bottom line. Check for leakage, insects and that all the appliances work. Test the faucets, hot water, the shower and the toilets. If you see any damage, take pictures and inform the landlord before you sign the lease. If possible, get it in writing when necessary repairs will be completed.
6. Building maintenance:
   Is the building clean and in good repair? What condition is your unit in? Is there a superintendent in the building you can easily contact if you suddenly have no hot water or your refrigerator stops working? Ask other tenants about their experience.
7. Decorating your apartment:
   Can you paint or wallpaper your apartment? Will you have to repaint it “boring beige” before you leave? What if there are holes in the wall from picture hangers? Will your last month’s rent act as a security deposit? In what circumstances can the landlord refuse to return all or part of your security deposit? Can you change the locks or put additional security locks on the door of your unit?
8. Renter’s insurance:
   These days everybody has computers, tablets, TVs and other very portable electronics. Regardless of how good you think the apartment security is there is always the risk that your apartment will be broken into or your possessions destroyed by fire. Invest in a comprehensive tenant’s insurance package.
9. Roomies:
   You may need to rent out a room in your apartment to help pay the rent. Does your landlord have to approve the roommate? Does the roommate have to co-sign on the lease? Are you responsible for the full amount of the rent if your roommate packs up and leaves in the middle of the night? Can you list the apartment on Airbnb?
10. Other misc. questions:
    Can you barbecue on your balcony? Can you store your bike on the balcony? Can you control the heat? How do you let somebody into the building? Are there overhead lights or enough convenient outlets to plug in lamps and other appliances? Is there Wifi in the building? How is the cell phone reception? Where do you dispose of garbage? Is the building noisy? Is there a history of vandalism in the building or the area?

Next week we will talk about the legal rights of landlords and tenants in Saskatchewan.