Ending a Tenancy by Mutual Agreement in Saskatchewan: A Tenant’s Guide

In Saskatchewan, the relationship between landlords and tenants is governed by the Residential Tenancies Act, 2006. While the Office of Residential Tenancies (ORT) provides specific forms for evictions (like Form 8) or rent increases (Form 5), there is no specific government form for mutually agreeing to end a tenancy.

Instead, a "Mutual Agreement to End Tenancy" in Saskatchewan is generally a written contract drafted between the landlord and tenant. Despite the lack of an official form number, this method is fully legal and effective—if done correctly. This guide explains how to protect yourself when negotiating a voluntary end to your lease.

How a Mutual Agreement Works in Saskatchewan

Under Saskatchewan law, a tenancy can end if "the landlord and tenant agree in writing to end the tenancy". This agreement overrides standard notice periods (such as the one month required for a periodic tenancy) and allows for a customized termination date.

Key Features:

• Written Requirement: While a verbal agreement might theoretically be binding, the ORT strongly advises that all tenancy agreements and changes be in writing. Without a written document signed by both parties, it is nearly impossible to enforce the agreement if one side changes their mind.

• Voluntary: A landlord cannot require you to sign an agreement to end the tenancy as a condition of renting the place. It must be a voluntary decision made during the tenancy.

When to Use a Mutual Agreement

1. Breaking a Fixed-Term Lease

In Saskatchewan, fixed-term leases (e.g., 1 year) do not automatically allow tenants to give notice to leave early. If you move out before the end date without an agreement, you are responsible for the rent until the lease ends or a new tenant is found.

The Strategy: You can ask your landlord to sign a mutual agreement to end the tenancy early. If they agree, this document releases you from the obligation to pay the remaining months of rent.

2. "Cash for Keys" & Property Sales

If a landlord wants to sell the property, they must usually wait until the fixed term ends or provide proper notice (Form 8c) which often requires one or two months' notice.

The Strategy: If the landlord wants you out immediately to close a sale, you can negotiate a mutual agreement. Since you are waiving your right to notice, you can ask for compensation ("Cash for Keys")—such as free rent or moving expenses—in exchange for signing the agreement.

Drafting the Agreement (Since No Official Form Exists)

Because you cannot download an "Official Mutual Agreement Form" from the ORT website, you must draft a clear letter.

What to Include:

1. Clear Title: "Agreement to End Tenancy."

2. Parties: Legal names of the Landlord and Tenant.

3. Property Address: The full address of the rental unit.

4. Termination Date: "The parties agree that the tenancy will end on [Date] at [Time]."

5. Release of Liability: A clause stating the tenant is not responsible for rent after the termination date.

6. Signatures: Both parties must sign and date the document.

Warning: Do not rely on text messages. While the ORT may accept them as evidence, a formal signed document is much safer for obtaining an Order of Possession or defending against a claim for unpaid rent.

The Risks for Tenants

1. Loss of Possession Rights

Once you sign a mutual agreement, the landlord can apply to the ORT for an Order of Possession effectively immediately. If you fail to move out on the agreed date, the landlord can use this order to have the Sheriff remove you.

2. No Automatic Compensation

If a landlord evicts you using a formal notice (e.g., for demolition), you might be entitled to rights or notice periods under the Act. By signing a mutual agreement, you voluntarily waive these statutory protections. Ensure any compensation you want is written directly into the agreement before you sign.

The ORT Process

If the agreement is signed but a dispute arises (e.g., the tenant doesn't leave, or the landlord tries to charge rent after the date):

1. File a Claim: The landlord or tenant can file a claim through the ORT Online Portal.

2. Hearing: A hearing officer will review the written agreement.

3. Order: The ORT will issue a binding order based on the terms you agreed to in writing.

Frequently Asked Questions (FAQ)

1. Is there an official ORT form for mutual agreements?

No. Unlike the "Notice to Vacate" (Form 8 series), there is no specific form for mutual agreements. You must create a written document stating your agreement to end the tenancy.

2. Can I change my mind after signing?

Generally, no. A signed written agreement is a binding contract. Unless you can prove you were forced to sign under extreme duress (which is hard to prove), the ORT will enforce the date on the paper.

3. Does a mutual agreement affect my security deposit?

No. The rules for security deposits remain the same. The landlord must claim or return your deposit within 7 business days of the tenancy ending. Ensure your forwarding address is given to the landlord in writing when you leave.

4. Can a landlord increase rent if I refuse to sign a mutual agreement?

They can only increase rent by following the strict rules for rent increases (Form 5), which usually requires 12 months' notice for periodic tenancies. They cannot arbitrarily raise rent just to punish you for staying.

5. What if I am in a fixed-term lease and the landlord sells the place?

The new owner takes over your lease. They cannot make you leave before the fixed term ends unless you voluntarily sign a mutual agreement to do so.

6. Where can I get help drafting this?

You can contact the Office of Residential Tenancies (ORT) at 1-888-215-2222 for information on what valid notice looks like, though they cannot give legal advice.

References:

• Government of Saskatchewan: Ending a Tenancy

• The Residential Tenancies Act, 2006

• Office of Residential Tenancies (ORT): Disputes and Hearings

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