If a tenant won't leave after the notice date in Saskatchewan, the landlord must not change the locks or remove them. The landlord applies to the Office of Residential Tenancies (ORT) for an order of possession, and only a sheriff enforcing the writ can put the landlord back in (Residential Tenancies Act, 2006, ss.65, 67(3), 69(2)). Losses can be claimed from the tenant (s.69(3)).
The Act calls a tenant who stays on after the tenancy has ended an "overholding tenant" (s.69(1)(b)). This FAQ walks a Saskatchewan landlord through what to do from the morning after the end date. It builds on every landlord notice to vacate in Saskatchewan and the Saskatchewan landlord guide.
Can a Saskatchewan landlord change the locks on an overholding tenant?
No. A Saskatchewan landlord must not take actual possession of a unit occupied by an overholding tenant unless the landlord has an order for possession and a writ of possession has been directed to a sheriff under s.70(13) (s.69(2)).
Self-help carries real risk. Changing the lock to a rental unit needs the tenant's agreement and new keys (s.48(2)); a landlord must not seize the tenant's belongings or block access to them (s.12(1)); and a hearing officer who finds a tenant was locked out without justification may award punitive damages (s.66(4)).
Has the tenancy actually ended?
In Saskatchewan a tenancy ends on a notice only if the notice was valid, so check that first. A landlord's notice must be in writing on the approved form, dated, with the unit address, the effective date and the grounds (s.63). If the stated date was too early, the Act moves it to the earliest date that complies (s.64(2)).
| How the tenancy ended | What to check |
|---|---|
| Landlord's notice under s.58, 59 or 60 | Did the tenant dispute it in writing within 15 days? If so, apply under s.67(1); the onus is on you (s.67(2)) |
| Tenant's own notice | Keep the written notice; it supports your application (s.67(3)(a)) |
| Fixed term ended | Was the Two Month Notice of Intention served at least two months before the end date? (Regulations s.8.2) |
| Written agreement to end | Keep the signed agreement (s.67(3)(d)) |
How does a landlord apply for possession of an overholding unit?
A Saskatchewan landlord applies online through the ORT portal, using the overholding tenant application, and pays the $50 fee or files a fee waiver application (Regulations s.13(1); ORT Rules of Procedure, Part 2). An overholding tenant application does not need a notice or a Certificate of Service before it is filed.
The ORT treats possession applications as urgent, and the landlord must serve the hearing notice at least two days before the hearing (Rules of Procedure, Parts 3 and 4). If the hearing officer grants possession, they may order a writ directed to the sheriff at the nearest judicial centre (s.70(13)); unless another date is set, the writ expires 30 days after it is ordered (Regulations s.10(2)). The sheriff stage is covered in Writ of Possession in Saskatchewan.
Frequently asked questions
Can I charge the tenant for the extra time?
Yes. A Saskatchewan landlord may claim compensation from an overholding tenant for losses or expenses caused by the overholding, including lost rental income (s.69(3)). Claims to the ORT are limited to $30,000 (Regulations s.11).
If I take money for the days they stay, have I created a new tenancy?
Not on its own. Accepting arrears or compensation for use and occupation after a notice is not a waiver, a reinstatement or a new tenancy unless you agree otherwise in writing (s.60.1(1)). Say so in writing when you accept it.
A new tenant cannot move in. What now?
If the new tenant takes proceedings against you to get possession, you may apply to add the overholding tenant as a party (s.69(4)). Keep the new tenant informed and keep records of what the delay costs.
The tenant left some belongings behind. Can I dispose of them?
Only once the tenancy has ended or the unit is vacated or abandoned. Property you reasonably value at $1,500 or less may be removed and disposed of after reasonable efforts to locate the tenant; above that you need an ORT order (s.85).
In Saskatchewan the order and the writ, not the calendar, end an overholding. Apply promptly, keep your notice and your records together, and let the sheriff do the removal. More resources are in the Canadian Landlord Resource Center.
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