Menke Holdings Ltd. v. McCrea et al. 2012 SKQB 408
Landlord and Tenant - The lease - Statutory terms - Contracting out of
A landlord appealed a decision of a hearing officer made under the Residential Tenancies Act, which apportioned the security deposit of $975 between the tenant ($775) and the landlord ($200). The landlord argued that the hearing officer failed to give effect to the written agreement by the tenant that the landlord was entitled to retain the security deposit by s. 32(4) of the Residential Tenancies Act, and erred in holding that the agreement was void by operation of ss. 6 and 49(7) of the Act.
The Saskatchewan Court of Queen’s Bench allowed the appeal. The agreement signed by the tenant was valid and enforceable. The entire security deposit of $975 was to be paid to the landlord in accordance with that agreement.