Selling Rental Property with a Tenant in Saskatchewan: Notice Rules

Listing your Saskatchewan rental property for sale does not give you the right to remove the tenant. This misconception gets landlords into ORT disputes regularly — tenants on Reddit forums have described landlords demanding they vacate for showings or clear out because a For Sale sign went up, and the ORT has no patience for it.

Under The Residential Tenancies Act, 2006, the tenancy survives the sale. When you sell a rental property, the buyer steps into your shoes as landlord and inherits the existing tenancy agreement, including its terms, rent amount, and notice obligations.

When You Can Serve a Purchaser Occupancy Notice

The only way to end a tenancy because of a sale is through a purchaser occupancy notice under Section 60(6) — and three conditions must all be met:

1. A purchase agreement for at least a one-half interest is signed in good faith. All sale conditions (financing, inspection, etc.) must be satisfied or waived. A conditional offer does not qualify.
2. The buyer requests notice in writing. The purchaser must ask the landlord in writing to end the tenancy because the purchaser, a close family member or friend, or a qualifying family-corporation shareholder or their close family member or friend intends in good faith to occupy the unit.
3. The tenancy is periodic (month-to-month). You cannot use this ground to terminate a fixed-term lease early. If the tenant has six months left on a one-year lease, the buyer takes over that lease and waits.

If all three conditions are met, you serve Form 8c (Notice to Vacate so Purchaser can Occupy) with one month's notice aligned with the rental period.

Date Calculation for a Purchaser Occupancy Notice

For a monthly tenancy where rent is due on the 1st, a one-month notice received by January 31, 2027, can end the tenancy on February 28, 2027 (the day before March rent is due). If it is received on February 1, the earliest effective date becomes March 31.

The notice must state the ground for ending the tenancy. If the tenant stays or disputes the notice, include evidence supporting the claim, including the sale agreement, proof that all sale conditions are satisfied, and the purchaser's written request, with your ORT application.

Tenant Response Options

After receiving a purchaser occupancy notice, the tenant has several options:

• Vacate by the termination date — the most straightforward outcome
• Dispute the notice within 15 days — the tenant returns the Dispute Notice section of Form 8c, and you must proceed to an ORT hearing
• Give at least 10 days' notice to leave early — under Section 61, a tenant who receives a Section 60 notice can leave before the termination date by giving written notice and paying the prorated rent through the effective date when giving notice; if rent was prepaid, you must refund any amount for a later period

What You Cannot Do While Selling

During the sale process, the tenancy remains in force. Specific restrictions:

• Showings require notice — you must give 24 hours' notice before entering to show the unit to a prospective purchaser unless the tenant consents. Entry must be between 8 a.m. and 8 p.m., not on a Sunday or the tenant's day of religious worship.
• You cannot demand the tenant remove pets, furnishings, or personal items for staging purposes
• You cannot lock the tenant out, withhold services, or harass them into leaving — these are statutory offences

A tenant who feels pressured by unlawful showing demands or harassment can file a rent abatement claim with the ORT for breach of quiet enjoyment.

Good Faith and Bad Faith Consequences

Under Section 62, a tenant may apply for compensation for losses if no steps are taken to accomplish the stated purpose within a reasonable period after the notice takes effect, or the unit is not used for that purpose for at least six months beginning within a reasonable period after the notice takes effect. The tribunal can award compensation for resulting losses, including moving expenses, interim lodging costs, and rental price differences.

This also means you should verify the buyer's occupancy intent before serving notice. If the buyer is an investor with no intention of living in the unit, the purchaser occupancy ground does not apply and the tenancy simply transfers.

The Saskatchewan Ending a Tenancy guide includes the full purchaser-occupancy workflow with a document checklist, date calculator, and tenant response tracking template.

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