Understanding bounced cheques and allowed fees
When a rent cheque bounces, the bank returns it as unpaid (NSF). Landlords may try to recover their costs, but provincial rules limit what can be charged and how a landlord must proceed under the Residential Tenancies Act, 2006 [2]. In many cases landlords can ask for the unpaid amount plus a reasonable bank charge, but excessive flat penalties may be challenged. Tenants have rights to be told what is owed and given reasonable time to remedy the payment.
Common landlord responses
- Request immediate payment of the unpaid rent plus returned-payment or bank fees.
- Charge a replacement payment fee or reissue request if the lease specifically allows it.
- Keep records and send a written notice documenting the returned cheque and amounts owed.
Timelines and notices landlords commonly use
- Give notice asking for payment within a specific number of days before pursuing a formal application to the Office of Residential Tenancies.
- If unpaid, landlord may serve a formal notice to terminate the tenancy for non-payment following statutory timelines.
- Landlords may then apply to the Office of Residential Tenancies for an order or hearing if the issue is not resolved.
What tenants should do after a cheque bounces
Take calm, documented steps to fix the problem and limit harm to your tenancy record. First, confirm the bank returned the cheque and find out why. Communicate with your landlord in writing, offer a replacement payment method, and keep receipts. If you use another payment method in future, get confirmation in writing so there is no dispute about timing or amounts. For guidance on payment options and tenant obligations, see Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips.
- Pay the outstanding rent and any legitimate bank charges as agreed, and obtain a dated receipt.
- Contact your landlord immediately and confirm a plan to replace the payment or arrange a correction.
- Keep all bank notices, receipts, and communications for evidence if the matter proceeds to a hearing.
Official forms and when to use them
Many disputes over bounced cheques are resolved by communication, but formal steps use government forms and processes. Contact the Office of Residential Tenancies for applications and official forms [1]. Important items to know:
- Application to the Office of Residential Tenancies — used when a landlord applies for an order or a tenant files a dispute; for example, a tenant might file this if they believe a landlord charged an unreasonable fee.
- Notice to Terminate (Non-Payment) — served by a landlord when rent has not been paid within the statutory period; tenants may respond or remedy the payment to avoid termination.
- Receipts and bank statements — not formal government forms, but essential evidence to support your case at a hearing.
When to contact the Office of Residential Tenancies
If you cannot resolve the matter with your landlord, or if you believe a fee is excessive or unlawful under the Residential Tenancies Act, 2006, contact the Office of Residential Tenancies for guidance and to file an application [1]. You can also find forms and instructions on filing applications online [3]. For general information about tenant and landlord rights in the province, see the summary overview at Tenant Rights and Landlord Rights in Saskatchewan.
FAQ
- Can a landlord charge a fee for a bounced rent cheque?
- Yes, a landlord may request reimbursement for the unpaid rent and reasonable bank charges, but any additional penalty must be supported by the lease or provincial rules under the Residential Tenancies Act, 2006.
- What should I do immediately after my cheque bounces?
- Notify your landlord, arrange replacement payment, provide proof of payment, and keep receipts and bank notices. Responding quickly usually prevents further action.
- How do I file a complaint or application about an unfair fee?
- If you cannot agree with your landlord, you can file an application with the Office of Residential Tenancies and submit evidence such as receipts, bank notices, and written communications.
How-To
- Contact the landlord to explain the issue and propose a replacement payment or schedule for repayment.
- Gather evidence: bank returned-item notices, receipts, the original cheque stub, and written communications.
- File an application with the Office of Residential Tenancies if you cannot resolve the dispute and include copies of all evidence.
- Attend any scheduled hearing or mediation, present your documents, and follow the decision or order issued by the tribunal.
Key Takeaways
- Tenants should remedy bounced cheques quickly to avoid notices and applications.
- Keep clear records of payments, bank notices, and communications for evidence.
- Contact the Office of Residential Tenancies when disputes cannot be resolved directly.
Help and Support / Resources
- Office of Residential Tenancies, Government of Saskatchewan
- Forms and publications for tenancy issues
- Residential Tenancies Act and tenant information
- [1] Office of Residential Tenancies, Government of Saskatchewan
- [2] Residential Tenancies Act, 2006 (information page)
- [3] Forms and publications for tenancy issues
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