A lease agreement outlines crucial information, including the rent amount, due dates, responsibilities of the parties involved, etc. It is the backbone of every rental housing transaction. A written agreement is necessary regardless of whether it be for an apartment, a house, or a workspace. Having one would benefit all parties involved.
As a rental agent, you must familiarize yourself with such agreements. It is not the same for every province. They may be similarities, however, the differences are more crucial — it may be where legal issues could arise.
In previous articles, we have covered Ontario, Quebec, British Colombia, and Alberta. This time, we will focus on the standard lease legislation in Manitoba and Saskatchewan.
Manitoba
The Manitoba Residential Tenancy Agreement Forms work for several rental settings. The agreement should have:
- A standard residential tenancy agreement form. There is one for mobile homes and sites, and one for subletting.
- Rental unit condition report form
- A notice to new tenant form
- Notice to new tenant form where tenant services are included in the tenancy
The Manitoba Residential Tenancy Agreement Forms are mandatory in those rental situations.
In Manitoba, the Renter’s Agreement / Renter’s Contract or The Tenancy Agreement form must have the following contents:
- Information of guarantors and co-signers
- The modes and types of payments that are not allowed under the Residential Tenancies Act
- Rules the landlord has in place
- The landlord’s rules on smoking: where it is allowed, or if it is completely banned.
- The type of tenancy: fixed-term or periodic
- Terms for the renewal of the lease
- General information of the parties involved, i.e., legal names and contact details.
As to the security deposit, Manitoba sets the maximum limit equivalent to half a month’s rent. Landlords are also required to provide the tenant with a receipt after collecting the deposit.
Landlords and Tenants should fully understand these details written on the Manitoba Tenancy Agreement:
- Names of the parties involved in the agreement (e.g., the landlord(s) and tenant(s))
- Contact Information of the landlord(s).
- Lease terms. This includes the move-in date, lease duration, and how long the agreement will last, i.e., a week, a month, a day.
- The total amount of rent (lawful rent), other separate charges, the payment due dates, who to give the payment, payment method, late rent fees, fees for returned cheques, and whether or not there will be rent increases in the future.
- Utilities available in the property and whose responsibility is it to pay for such utilities.
Saskatchewan
The 2006 Residential Tenancies Act protects Saskatchewan’s Residential Tenancy Agreement. It is a mandatory agreement that may be in written or verbal form or implied. A written rental agreement includes Standard Conditions. There will be immediate overriding of any contradiction to the Standard Conditions.
Saskatchewan landlords may choose one of the three tenancy types available:
- Month-to-month tenancy, which automatically renews each month
- Weekly tenancy, which automatically renews each week
- Fixed-term tenancy, which has a fixed start date and end date.
What the Saskatchewan’s Residential Tenancy Agreement contains
Landlords are required to give their tenants a copy of the Standard of Conditions. It does not matter if the agreement is written, verbal, or implied. A government-issued form does not exist. However, the content of the written agreement should include the following:
- A copy of the Standard Conditions.
- Names of the parties involved in the agreement (e.g., the landlord(s) and tenant(s))
- The landlord’s or agent’s service address, telephone number, and emergency contact information.
- The landlord’s contact information.
- Lease terms including the move-in date, lease duration, and type of tenancy, i.e., daily, weekly, monthly, or fixed-term
- The total amount of rent (lawful rent), other separate charges, the payment due dates, who to give the payment, payment method, late rent fees, fees for returned cheques, and whether or not there will be rent increases in the future.
- The total rent and the difference among the rent of other tenants in the building.
- List of available utilities in the property and who will be responsible for paying for such utilities.
- The landlord’s reasonable set of rules, e.g., smoking ban.
- The amount and the due date of the security deposit, which should not exceed a month’s rent.
Now that you have educated yourself with the standard rental agreements in Manitoba and Saskatchewan, you can give accurate information to your potential tenants. Once a landlord asks you to fill in a vacancy, make sure your marketing gets a wide reach. Publish your listing on Padleads where you can syndicate it to popular websites. More visibility means more chances of finding a tenant.