This Saskatoon mom is desperately fighting eviction after reporting mould in basement suite to her landlord — how to handle tenancy disputes without risking the roof over your head

Can’t stay, can’t leave: Tough choices in a tough rental market

Isaac and her family are likely to face hardship if they’re evicted. Like many Canadian families, finances are tight, especially because she stays home to care for her daughters. She currently pays $1,100 per month plus utilities, while the average rent for a two-bedroom purpose-built rental in Saskatoon is $1,360. This is an increase of 9% over last year, outpacing wage growth, according to the Canadian Mortgage and Housing Corporation (CMHC).

Just finding a place to live could be challenging. The vacancy rate for a two-bedroom rental in Saskatoon is just 2%, and units in less expensive segments of the market make up only 5% of rentals, according to CMHC.

Saskatoon is not unique when it comes to affordability and vacancy challenges. In Canada’s major rental markets, the share of units costing less than 30% of a person’s income (which is what’s considered affordable housing) of the lowest 20% of earners is less than 20%, according to CMHC. And in Vancouver, Ottawa and Toronto, it’s essentially zero. At the same time, more people are struggling to pay their rent, with 7.8% of purpose-built rental units in arrears in 2023, up from 6.5% in 2022.

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Understanding tenant rights and responsibilities

In Saskatchewan, the Residential Tenants Act does not stipulate any compensation for tenants in a “renoviction” situation (where renovations are so extensive, they require the unit to be vacated), but in some jurisdictions the landlord would need to compensate Isaac. For example, in Ontario, landlords performing renovations that require the tenant to vacate the unit must provide the tenant with the option to move back into the unit and provide up to three months’ rent if the tenant chooses this option.

In Saskatchewan, landlords are usually required to provide two months’ notice for major renovations that require the tenant to move out (if the tenant is on a weekly or monthly lease). However, it’s not clear how mould removal fits into this equation. That’s where arbitration may be the only solution.

Most provinces have some form of landlord and tenant board to arbitrate disputes. In many cases an eviction requires an application to this body by the landlord. In Saskatchewan, disputes are handled by the Office of Residential Tenancies (ORT).

In Saskatchewan, the landlord must give you a notice to vacate. If you wish to dispute the eviction, you fill out the bottom of the notice and return it to the landlord within 15 days. Then, you’ll get a hearing at the ORT, after which the ORT will decide whether you’ll be evicted and, if so, the date of eviction. You can appeal this decision to the Court of King’s Bench. The process is similar in other provinces.

For now, Isaac is seeking the help of a lawyer — a good idea for anyone who finds themselves in her situation.

Sources

1. CTV Saskatoon: Sask. mother forced out of home due to mould (October 7, 2024)

2. CMHC: Rental Market Report (January 2024)

3. Saskatchewan.ca website: Office of Residential Tenancies

4. CanLii: Residential Tenancies Act, 2006, SO 2006, c 17

5. Saskatchewan.ca website: Office of Residential Tenancies

6. Saskchatchewan Human Rights: Resource for Tenants Facing Eviction (2023)