When will a tenant be justified in refusing to tender rent for February and March?

Saskatchewan, Canada


The following excerpt is from Kuszlik v. Forsythe, 1947 CanLII 143 (SK QB):

Under all the circumstances, I am of the opinion that the tenant was justified in not tendering further rent until the landlord had intimated his willingness to accept it. I am further of the opinion that the conduct of the landlord does not entitle him to any assistance from this court. In coming to this conclusion I am not unmindful of the decision in Fenny v. Casson (1908) 12 OWR 404 (affirmed ibid., 722), wherein Clute, J. says on p. 405 as follows (the italics are mine): “It was further urged that, rent having been refused for January, it was unnecessary to tender rent for February and March. No authority was cited for this position and I do not think that the tender of rent for January, without more, is sufficient to render it unnecessary to make the further tender of rent as it fell due.”

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