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When you find a place that you’d like to rent, most often you need to fill out an application. During this process, both you and the landlord have rights.
Landlords are entitled to collect reasonable personal information from a prospective tenant, and the potential tenant has the right to be told why the information is needed. They can ask for things like character references, previous landlords, and your employer.
However, landlords cannot charge fees for an application.
Renters are also protected by The Saskatchewan Human Rights Code, 2018. Landlords cannot discriminate when choosing tenants based on disability, age (18 or more), religion or religious creed, family status, marital status, sex, sexual orientation, race or perceived race, nationality, place of origin, ancestry, colour, receipt of public assistance, or gender identity.
Everyone who applies must be given equal consideration. However, a landlord can state a preference, so long as their preference doesn’t purposely exclude people on any of the protected grounds listed above. For example, an advertisement might state “students preferred.” Nonetheless, people other than students must still be considered.
When it comes to pets, landlords can dedicate their rental to be pet-free. However, they cannot prohibit service animals. For example, a service dog for someone who is visually impaired is not considered a pet.
There are a few exceptions to these rules. Rental accommodations may be designated for people over the age of 55. In addition, if a rental building has two or less units and a common entrance, rules about discrimination based on sex do not apply. For example, a woman who is renting out a room in her home may state that she will only rent to another woman.
If you are approved by a landlord, you will enter into a rental agreement. It is a legally-binding contract.
Rental agreements may be for a periodic tenancy (week-to-week or month-to-month) or for a fixed amount of time, such as six months or a year. A fixed term rental agreement is also called a lease. If you move out before the lease is over, you will have to pay rent for the rest of the lease term unless you and the landlord come to an agreement.
Rental contracts can be formed orally or made in written form. Leases three months or longer must be in writing. In all cases, a rental agreement will have some basic terms:
If your agreement is in writing, it must include names, addresses, contact information, tenancy start-date and if applicable end-date, amount of rent—including when it’s due and if it will change if more tenants move in—and the security deposit and when it is to be paid. The written agreement must also state what services and facilities are provided and who pays for the utilities.
If a rental agreement is oral, the landlord must provide an address, telephone number and emergency contact number in writing.
In addition, “Standard Conditions” apply to every rental agreement. These are basic, unchangeable terms that define many rights of the landlord and the tenant.
The landlord may include other conditions such as no pets, no smoking, maximum number of tenants, extra fees for late rent payments, or a requirement to have tenant insurance.
Even if your building is sold to a new owner, the terms of the agreement you signed at the time of renting must be honoured and cannot be changed without your consent.
When agreeing to rent a home, you have the right to look over the unit to ensure the place is in a good state of repair. To help things along, many landlords will have a checklist to mark the condition of each room. Taking pictures helps, too. Sign, date and keep a copy of the checklist. This will help protect everyone if disputes arise later on.
If the place is not in good condition, ask that problems be fixed and get it in writing. Do not agree that a place is in good condition if it is not. If you notice something after moving in, notify your landlord immediately.
Before you move in, landlords will often require that you pay a security deposit. This is money that the landlord collects to cover any losses caused by a tenant, such as damage or unpaid rent.
A security deposit can be up to one month’s rent. Additional deposits for things like keys or pets are not allowed. It can be paid over two payments: up to one-half when you agree to rent the place and the rest two months after you move in.
As long as you keep the place in good condition, you’ll get your security deposit back when you move out.
Both you and your landlord have certain responsibilities when it comes to cleaning and repairs. It’s your responsibility to:
If you don’t repair damage that you or your guests cause, the landlord can end the tenancy by giving you one month’s notice. In this case the landlord must first give you a warning and a reasonable amount of time to fix the situation before ending the tenancy.
It’s your landlord’s responsibility to:
You have the right to reasonable privacy, freedom from unreasonable disturbances from your landlord and neighbours, and reasonable use of common areas. Landlords cannot take your personal property or restrict who visits you. Common area locks can be changed so long as you get a new key, but your suite lock can only be changed if you and your landlord agree.
Your landlord can enter your suite in an emergency. Otherwise, you must be given written notice at least a day and no more than seven days in advance. If you’re moving out or your rental unit is for sale, the landlord will have more rights for entry.
