Owner Occupy Notice in Saskatchewan (Form 8b): Two Months' Notice for the Landlord or Family

An owner occupy notice in Saskatchewan (Notice to Vacate so Owner can Occupy, old Form 8b) lets an individual landlord who holds at least a half interest end a month-to-month tenancy so the landlord, or a close family member or friend, can live in the unit. It must give at least two months' notice and end the day before a rent day (Residential Tenancies Act, 2006, s.60(3)–(4)).

This how-to is for Saskatchewan landlords. It explains who qualifies, how to set the date, how to serve the notice and what to do if the tenant disputes it. For every other notice, see Notice to Vacate in Saskatchewan: Every Landlord Notice, Ground and Deadline.

What do you need before serving an owner occupy notice?

You need a periodic (month-to-month or week-to-week) tenancy, a qualifying landlord and a real plan to move in. A fixed-term lease cannot be ended this way (s.60(2), s.55(2)).

• A qualifying landlord: an individual entitled to possession who holds at least a one-half interest, or a family corporation holding at least a one-half interest whose voting shares are all owned by one person, alone or with close family or friends (s.60(1)(b)–(c)).
• A qualifying occupant: you, or your spouse, child, parent, sibling, grandparent, aunt, uncle, niece or nephew (yours or your spouse's), or another person a hearing officer accepts as close (s.60(1)(a), s.60(4)–(5)).
• Good faith: the person must genuinely intend to live there (s.60(4)).
• A Saskatchewan Account to create the notice in the Office of Residential Tenancies (ORT) online portal.

How do you fill in and serve Form 8b?

Create the notice in the ORT portal, give it a valid end date, and serve every tenant in a way the Act allows.

1. Pick the date. At least two months after the tenant receives the notice, and the day before rent is due (s.60(3)). For rent due on the 1st, a notice received on March 20 can end no earlier than May 31.
2. Complete the contents. The notice must be dated, identify you, give the unit address and end date, and state the ground (s.63).
3. Serve it. Hand it to the tenant, or post it on the front door and also mail or email it (s.82(2)(a)). Mail is deemed received on the third business day and email on the next business day (s.82(4)–(5)).
4. Record the service. If you serve personally or electronically, serve each tenant separately and complete a Certificate of Service for each (saskatchewan.ca, Settling Disputes).

What if the tenant disputes or stays?

The tenant can dispute an owner occupy notice in writing within 15 days of receiving it (s.60(9)). If they do not, they are treated as accepting the end date (s.60(10)). If they dispute or stay past the date, apply to the ORT for an order of possession with a true copy of the notice and your Certificate of Service ($50 fee; ORT Rules of Procedure, Part 2). Our ORT hearings guide walks through the hearing.

Frequently asked questions

Do I have to pay the tenant compensation?

The Act sets no fixed payment for an owner occupy notice. But a tenant can claim their losses at the ORT if you do not take steps within a reasonable time, or the unit is not used for that purpose for at least six months (s.62).

Can I re-rent the unit after the tenant leaves?

Not on other grounds. Re-renting after a s.60 notice for a different purpose is an offence: up to $300 and three months for an individual, or $1,000 for a corporation (s.79(4)–(5)).

Can the tenant leave sooner?

Yes, with at least 10 days' written notice and rent paid only to their new date (s.61).

Does accepting rent after the notice cancel it?

No, unless you agree otherwise in writing (s.60.1).

More landlord help is in the Canadian Landlord Resource Center and the Saskatchewan Landlord Guide.