Order of Possession in Saskatchewan: What Happens When a Tenant Won't Leave

The notice expired three days ago and your tenant is still there. Everything in you wants to change the locks — but doing that in Saskatchewan is illegal, and it will cost you more than the rent you are losing.

When a tenant does not vacate after a valid notice, you must apply to the ORT for possession and have a Writ of Possession enforced by the Sheriff. There are no shortcuts.

Step 1: Apply to the ORT

After your notice period expires and the tenant remains (or disputes a notice under Section 58, 59, or 60 within 15 days), you file Form 9a (Landlord Application for Possession) through the ORT online portal.

Your filing package:

• Form 9a completed with your claim details
• $50 non-refundable filing fee
• A copy of the notice to vacate you served
• The signed Certificate of Service
• A copy of the tenancy agreement
• All supporting evidence — rent ledgers, photos, incident logs, inspection reports, written warnings

The ORT assigns a claim number and schedules a hearing. You must then serve the entire hearing package (including your evidence) on the tenant using Section 82 service methods.

Step 2: The ORT Hearing

Hearings are conducted primarily by telephone. The Hearing Officer — an independent adjudicator, not a judge — hears testimony from both sides, reviews the evidence, and makes a determination.

You need to come prepared to prove three things:

1. The statutory ground exists — the facts triggering termination actually occurred (e.g., rent was actually 15+ days late, the property was actually damaged)
2. The notice was valid — correct form, correct termination date, all mandatory content included
3. Service was lawful — you used an approved Section 82 method and have a signed Certificate of Service

If the Hearing Officer finds in your favour, they issue a written Order of Possession specifying the exact date and time the tenant must vacate. A concurrent monetary order may cover arrears, damages, or your $50 filing fee.

Step 3: If the Tenant Still Does Not Leave

An ORT order does not physically remove anyone. If the tenant ignores the possession date:

1. Obtain the Writ of Possession — the hearing officer may order a writ in the prescribed form directed to the Sheriff
2. Deliver the Writ to the Sheriff at least 5 business days before it expires. The writ expires 30 days after it is ordered unless it specifies another date.
3. The Sheriff posts a final notice on the unit giving occupants a brief window to move out voluntarily
4. If the tenant remains, the Sheriff physically removes the occupants, changes the locks, and restores possession to you

The Sheriff's costs are additional — this process is not free. Budget for the Sheriff's enforcement charges on top of the $50 ORT application.

Why Self-Help Evictions Are a Bad Idea

Under the Act, self-help eviction measures are illegal:

• Changing locks while the tenant still has a right to occupy
• Shutting off utilities (heat, water, electricity)
• Removing the tenant's belongings
• Physically blocking access to the unit
• Harassing or threatening the tenant to make them leave

Any of these actions give the tenant grounds to file an ORT complaint. The tribunal can order you to pay compensatory and punitive damages, restore the tenant's access, and you may face provincial prosecution and monetary fines under Section 79 of the Act.

Even after the ORT issues a possession order, only the Sheriff has the legal authority to physically enforce it. The order authorizes the Sheriff — not you.

Appeals

Either party can appeal an ORT decision to the Court of King's Bench within 30 days, but only on questions of law or jurisdiction. Filing the appeal automatically stays proceedings under the order, including execution of the writ, unless the Court orders otherwise. For certain rent-arrears or continuous-late-payment possession orders, a tenant must also file a Certificate of Payment of Rent to appeal.

The Saskatchewan Ending a Tenancy guide includes the full enforcement chain — from ORT application through Sheriff execution — with document checklists and timeline estimates.

See more Saskatchewan guides →