Can you break a lease in Saskatchewan? Not on your own: a fixed-term lease runs to its end date, and walking out early can leave you owing the landlord's losses, including lost rent (Residential Tenancies Act, 2006, s.55(2) and s.8(1)). Breaking a lease in Saskatchewan is lawful when the landlord agrees in writing, you assign it with consent, the landlord breaches it, or you leave because of interpersonal violence.
This FAQ is for Saskatchewan tenants on a fixed-term lease. On a month-to-month tenancy you simply give one month's notice; see Giving Notice to Move Out in Saskatchewan.
What are the lawful ways to end a Saskatchewan lease early?
A Saskatchewan tenancy ends only in the ways the Act lists, so an early exit has to fit one of them (s.55(1)).
| Route | What it takes | Source |
|---|---|---|
| Agreement | You and the landlord agree in writing to end it | s.55(1)(b) |
| Assignment | Landlord's written consent, which cannot be unreasonably withheld | s.50 |
| Landlord breach | A breach of a material term, a reasonable chance to fix it, then written notice stating the grounds | s.56(2)–(3), s.63 |
| Interpersonal or sexual violence | 28 days' notice plus a Victim Services certificate | s.64.2 |
| ORT order | A hearing officer ends the tenancy | s.55(1)(e) |
What happens if I just move out of a Saskatchewan lease?
You can be ordered to pay the landlord's resulting loss, such as unpaid rent while the unit sits empty (s.8(1)). The landlord must do whatever is reasonable to reduce that loss, which usually means trying to re-rent (s.8(2)). A lease clause making all remaining rent due at once if you breach is not allowed (s.41).
Frequently asked questions
Can I assign or sublet my lease in Saskatchewan?
Yes, with the landlord's written consent, which must not be unreasonably withheld (s.50(1)–(2)). The landlord may charge no more than $20 for considering it (Regulations s.8). You stay liable for problems that arose before the assignment (s.50(3)).
Can I end my lease because the landlord won't fix things?
Possibly. If the landlord breaches a material term, give a reasonable period to fix it, then serve written notice that states the reason (s.56(2)–(3), s.63(c.1)). If the problem is not serious, apply to the Office of Residential Tenancies (ORT) instead; see Repairs and Maintenance in Saskatchewan Rentals.
Is there a domestic violence exception?
Yes. A tenant can end a fixed-term tenancy on 28 days' notice with a certificate from Victim Services, served within 90 days of the certificate (s.64.2). Rent is owed only to the end of the notice and no early-termination penalty applies.
Can I use my damage deposit for the last month's rent?
Only if the landlord agrees in writing (s.27).
How do I prove the landlord agreed to let me go?
Get it in writing. An oral "that's fine" is hard to prove, and the Act names a written agreement as the route (s.55(1)(b)).
More help for renters is in the Canadian Tenant Resource Center and Saskatchewan Tenant Rights: A Complete Guide.
Leave the right way
If your landlord agrees to let you go early, put it in writing with a free Saskatchewan Agreement to End the Tenancy.
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