No: in Saskatchewan a landlord cannot ask for last month's rent in advance. The Residential Tenancies Act, 2006 says no landlord shall demand, receive or collect money to be used to pay rent that becomes due in the future (s.40). The only money a landlord may hold up front is a security deposit of no more than one month's rent (s.25(1)).
At a glance: money up front in Saskatchewan
- Last month's rent deposit: not allowed (s.40).
- Security deposit: up to one month's rent, one deposit per tenancy (s.25(1), s.26(1)(b)).
- Paying the deposit: up to 50% at signing, the rest within two months of moving in (s.26(4)).
- Deposit as last month's rent: only with the landlord's written consent (s.27).
- Post-dated cheques: not a security deposit (s.2(n)(i)).
Why can't a Saskatchewan landlord collect last month's rent?
Saskatchewan law treats prepaid rent as off limits: section 40 bars a landlord from demanding, receiving or collecting from a tenant, or anyone on the tenant's behalf, money to be used to pay rent that becomes due in the future. A "first and last month's rent" request is exactly that, so it is not permitted here, unlike in Ontario.
A landlord who wants protection against an unpaid final month uses the security deposit instead, within its limits, and the claim process at the end of the tenancy.
How does the security deposit fit in?
A Saskatchewan security deposit may not be greater than the equivalent of one month's rent (s.25(1)), and the landlord may require it only when the tenancy agreement is entered into and may hold only one per tenancy (s.26(1)(a), (b)). The tenant can be required to pay no more than half at signing and the remainder within two months after moving in (s.26(4)).
| Request | Allowed in Saskatchewan? |
|---|---|
| Security deposit up to one month's rent | Yes (s.25(1)) |
| Security deposit plus last month's rent | No (s.40) |
| A second deposit, such as a separate pet or key deposit | No, one deposit per tenancy (s.26(1)(b)) |
| Full deposit on signing | Only 50% can be required at signing (s.26(4)) |
| Fee to apply or be screened | No (s.23) |
If a landlord accepts more than one month's rent as a deposit, the tenant may deduct the overpayment from rent or otherwise recover it (s.25(2)). Our guide to Saskatchewan security deposits covers interest and the return deadline.
Can a landlord ask for post-dated cheques in Saskatchewan?
Saskatchewan's Act does not ban post-dated cheques, and it says plainly that post-dated cheques given to pay rent are not a security deposit (s.2(n)(i)). Each cheque pays the rent for the date written on it, so it does not count against the one-month deposit limit. The Act does not require a tenant to pay this way; how rent is paid is a term to agree in the lease, stated clearly (s.7(2)(c)).
Two practical limits follow. A cheque cashed before its date would be rent collected in advance. And a cheque for a month the tenant will not be there (after notice to move out, for example) should be returned rather than cashed.
Frequently asked questions
My landlord already took first and last month's rent. What can I do?
Raise it in writing first and ask for the extra month back or for it to be applied to the next rent due. If that fails, a tenant can apply to the Office of Residential Tenancies (ORT) for an order, generally within one year of the act (s.70, s.71.1). See how ORT hearings work.
Can a landlord charge a separate pet deposit on top of the security deposit?
Not as a second deposit: a landlord may not require or accept more than one security deposit for a tenancy agreement (s.26(1)(b)), and the one deposit is capped at one month's rent.
Does the security deposit earn interest?
If the tenancy ends within five years of the agreement, the prescribed rate is 0% (Regulations s.5(1.1)). Longer tenancies earn the rate set in the Regulations.
Can the landlord ask for the deposit again after a rent increase?
The deposit is required when the agreement is entered into (s.26(1)(a)), and a landlord may not give notice or refuse to renew just to increase the deposit (s.26(3)).
In Saskatchewan the rule is simple: one deposit, capped at a month's rent, and no rent before it is due. For the full list of rights, see Saskatchewan tenant rights and the Canadian Tenant Resource Center.
Write the deposit and payment terms down
Fill out a Saskatchewan Residential Tenancy Agreement online, including the deposit amount and due date s.19(1) requires, and download the PDF.
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