When a tenant in Saskatchewan signs a lease agreement, they agree to abide by its terms for the entire time it’s active. However, there are times when a tenant will want to break this agreement. Their reasons may include:
Moving closer to a new place of work.
Moving out due to a relationship breakup.
Inability to continue paying rent.
Moving to serve in the military.
Moving out due to being a victim of domestic violence.
Breaking a lease is not a simple process. In most cases, the tenant will be financially and/or legally liable. This article covers the landlord-tenant laws in Saskatchewan that involve breaking a lease so that both parties can understand the process.
Last updated: March 2026.Quick answer (2026)
Breaking a lease in Saskatchewan means giving proper notice or facing costs. Tenants must give one month's written notice for month-to-month leases. Fixed-term leases require mutual agreement or wait until the end date.
A Tenant’s Rights Under Saskatchewan Rental Laws
There are only two ways a landlord can regain possession of their property back from a tenant. The first is if the tenant decides to leave on their own. The second is if the tenant is removed by a sheriff from the Court of Queen’s Bench.
For the landlord to evict a tenant, the first thing they must do is serve the tenant with proper notice. The type of notice depends on the violation committed. This notice must state how many days the tenant has before the notice becomes effective.
Legal Justification for a Landlord to Proceed with a Rental Eviction
Under the Residential Tenancies Act of 2006, a landlord can evict a tenant for any of the following reasons:
Failure by the tenant to pay their security deposit within thirty days of its due date.
Failure to pay rent on time on several occasions.
Having more occupants in the property than permitted.
Failure to pay municipal charges or breaching municipal bylaws.
Failure to comply with the Office of Residential Tenancies’ (ORT) orders.
Giving a prospective purchaser or tenant false information.
Repeatedly violating the terms of the lease agreement.
Causing excessive property damage.
Engaging in illegal or noxious activities.
Putting the landlord’s property at significant risk.
Seriously jeopardizing the safety, health, or lawful right of interest of the landlord, neighbours or other tenants.
Unreasonably disturbing or significantly interfering with the landlord, neighbours, or other tenants.
To evict a tenant, the first thing that a landlord must do is notify the tenant. The notice must be in writing and must include the date, the name of the landlord or their representative, the rental unit’s address, and the date when the tenancy ends. If the landlord is the one serving the tenant with the eviction notice, then they must include this approved form.
Serving a Two Months’ Eviction Notice in Saskatchewan
There are certain situations that can warrant a landlord to end a tenancy within a period of two months. One such situation is when a friend of a close family member wishes to move into the rental unit.
The landlord can also do this if they:
Are planning to repair, renovate or demolish the property.
Want to convert the property to a condominium, a housing co-op, or a non-residential property.
- Want to convert it so that a caretaker, a property manager, or a superintendent can live in.
Once the landlord has served the notice, the tenant can always choose to end their tenancy earlier. In this case, they’ll need to give their landlord 10-days’ notice before moving out.
Eviction for Non-Payment of Utilities
A landlord may use Form 7a if a tenant owes for utility costs. This notice gives the tenant 15 days to pay these costs. If they fail to do so, the landlord may choose to end their tenancy by applying to the ORT for an order of possession.
Eviction Notice for Non-Payment of Rent
A landlord may also serve a tenant a notice in Form 7 for rent that’s overdue by 15 days or more. For example, if the rent is due on the first day of the month, then the landlord can serve the notice on the 16th day of the same month.
If the tenant objects to this, then the landlord can apply for an order of possession from the ORT.
Serving a Notice to End Tenancy for Housing Program Use
A landlord can end a tenancy with one month’s notice for the following reasons:
If the landlord intends to convert the property for use in a housing program
If the tenant is no longer eligible for a housing program
If the size or structural features of the property exceed the tenant’s requirements
This doesn’t, however, apply if the lease agreement is running for a fixed term.
Serving an Order of Possession
An Order of Possession is a document a landlord can use to force a tenant to move out. This legal order is issued by the Residential Tenancy Branch. A landlord can issue it to a tenant if:
Both the tenant and landlord have agreed in writing to end the tenancy.
The landlord has given the notice to end the tenancy.
The tenant is renting for a fixed term.
To apply to the Office of Residential Tenancies, a landlord must provide the following.
A copy of the lease agreement.
Proof that the Notice to Vacate was served to the tenant.
Properly completed form. That is, Form 9a or 9b.
A $50 application fee.
Include a copy of the rent ledger if for repeated late payments, or for rent overdue for more than fifteen days.
Tenants Asking for More Time
If the landlord wins the hearing, then the tenant will have no option left but to move out. They can, however, request the arbitrator to give them more time during the hearing. If the hearing date, for example, is set at midmonth, a tenant can ask the arbitrator to wait until the end of the month in order to issue the Order of Possession.
Sources
- Government of Saskatchewan: Tenancy Agreements
- Government of Saskatchewan: Office Of Residential Tenancies
Special Protections for Victims of Domestic or Sexual Violence
Tenants who face domestic or sexual violence in Saskatchewan can end a fixed-term lease early. They give 28 days notice. This rule comes from the Residential Tenancies Act, 2006. Victims need a certificate from Victims Services Branch in the Ministry of Justice. We at GoodDoors guide tenants through this process. First, contact Victims Services Branch right away. They issue the certificate after review. The certificate proves the claim. Tenants then serve written notice to the landlord. Notice must include the certificate copy. It states the end date, 28 days from service. Landlords must accept this notice. No penalties apply, like extra rent or deposit loss. This protection started to help victims escape danger fast. Fixed-term leases normally run full length. Without this rule, victims pay rent until end or find replacement. Now, they leave in 28 days. Landlords cannot evict for this reason alone. They cannot demand proof beyond the certificate. If issues arise, apply to Office of Residential Tenancies online portal. Hearings resolve disputes quick. We recommend keeping all records. Save emails, notice copies, certificate. Police reports help too. This covers interpersonal violence too. Examples include abuse by partners or family. Sexual violence includes assaults. Victims Services helps all adults, 18 and up. Call their hotline for free support. In 2024, over 500 certificates issued province-wide. Numbers rise each year. Tenants, act fast. Delays risk safety. Landlords, honor the notice. Disputes waste time. Everyone wins with clear steps. Use ORT forms for notice. Download from portal. Serve by registered mail or in person. Proof of service matters. End tenancy clean. Start fresh safe.
Frequently Asked Questions
how much notice to break lease Saskatchewan?
Tenants need one month's written notice for month-to-month leases. Fixed-term leases last until the end date unless both parties agree to end early. Landlords must get two months' notice of intent for fixed-term renewals.
can landlord charge more than one month rent to break lease?
No. Security deposits cap at one month's rent under section 49. Any clause asking for more is void.
what if tenant leaves early Saskatchewan?
Landlord can claim rent until a new tenant starts or the notice period ends. Tenants must leave the unit clean. Disputes go to the Office of Residential Tenancies.
does breaking lease affect credit Saskatchewan?
Not directly from the Act. Unpaid rent or damages can lead to collections, which hurts credit. ORT handles claims up to $30,000.
can I sublet to break lease Saskatchewan?
Tenants need landlord approval to sublet. Fixed-term leases rarely allow it without consent. Verbal approval counts but get it in writing.
What landlords often get wrong
Many think they can break a lease anytime by paying a penalty. Saskatchewan law requires one month's notice for periodic tenancies, or tenants owe rent until a new tenant is found.
