Disputing Arrears or Back Rent as a Tenant in Saskatchewan

Dealing with claims for arrears or back rent can be stressful for Saskatchewan tenants. Whether you’ve fallen behind on rent due to a sudden financial setback or believe you’re being unfairly charged, understanding your legal rights and options for disputing arrears can make all the difference. Saskatchewan has protections in place that ensure all parties are treated fairly, and tenants have a clear process to present their side.

What Are Arrears or Back Rent?

Arrears—sometimes called back rent—refer to unpaid rent that has accumulated because a tenant missed or only partially paid their rent. Landlords in Saskatchewan can legally ask tenants to pay arrears and may file a claim with the Office of Residential Tenancies (ORT) if rent is overdue.

Your Rights and the Law

Tenants and landlords in Saskatchewan must follow the Residential Tenancies Act, 2006 ^[1]. The legislation outlines what happens if rent is unpaid, how disputes are resolved, and your rights if you want to challenge a landlord’s claim. The Office of Residential Tenancies (ORT) is the official tribunal that hears disputes about back rent, rent payments, and related matters.

If You Receive a Notice About Rent Arrears

If your landlord believes you owe back rent, they may give you a written notice. The notice should state:

• The exact amount claimed for arrears
• The dates covered by the arrears
• The deadline by which to pay the amount or take action

If you dispute the amount or believe you do not owe the claimed rent, you have the right to challenge the claim through the ORT's formal process.

How to Dispute an Arrears or Back Rent Claim

To contest a landlord's claim that you owe back rent in Saskatchewan, you'll need to follow the process set out by the ORT. Acting quickly and providing clear evidence can help protect your rights.

Step 1: Carefully Review the Notice and Gather Documentation

Double-check the notice to confirm the alleged amount and relevant rental periods. Gather evidence supporting your position, such as:

• Rent receipts or bank statements showing payment
• Written agreements about payment plans
• Correspondence with your landlord
• Maintenance requests (if you withheld rent due to repairs – but only do so if permitted by law)

Step 2: Communicate With Your Landlord

Consider contacting your landlord in writing to discuss the arrears. Clearly state your position, provide supporting documents, and keep a copy for your records. Often, misunderstandings can be resolved before formal proceedings begin.

Step 3: Responding to a Landlord’s Application for Possession or Money

If the dispute moves forward, the landlord may file an Application for Possession, which can also include a claim for unpaid rent. You will receive official notice and a hearing date from the ORT.

Key Form: Tenant Response to an Application (Form 6)

• When to use it: If your landlord files an application with the ORT alleging you owe arrears or asking to terminate your tenancy.
• How to use it: Fill out Form 6 - Tenant Response to an Application, outlining your defense and attaching supporting evidence. Submit the form to the ORT before the hearing date listed in the notice you received.
• Practical example: If you can prove the alleged arrears were paid or the calculation is incorrect, include bank statements and receipts as attachments.

Step 4: Attend the Hearing at the Office of Residential Tenancies

Hearings may be conducted by phone, videoconference, or in person. Be prepared to explain your position, submit evidence, and answer questions. The ORT officer will review all materials and make a decision.

Step 5: Await the Decision and Next Steps

The ORT will send its decision in writing. If the arrears claim is dismissed or reduced, you will only owe the amount confirmed by the tribunal. If some arrears are confirmed, the order may include a payment plan or deadline for payment. If you disagree, you may have the option to appeal within a short window—so review the decision carefully.

Understanding your rights and responsibilities is crucial during this process. For an overview of tenant and landlord obligations more generally, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained. You can also Browse apartments for rent in Canada if you’re considering relocating.

Provincial Laws and Extra Resources

The main law is the Residential Tenancies Act, 2006 ^[1]. Full detail is available from the Office of Residential Tenancies ^[2]. For more about tenants’ legal rights, visit Tenant Rights and Landlord Rights in Saskatchewan.

Frequently Asked Questions (FAQ)

1. Can I dispute rent arrears if I never received a written notice?
   Yes. If a landlord claims you owe back rent without providing a written notice or proper documentation, you can raise this at the ORT hearing. It may affect the outcome if notice requirements weren't followed.
2. What happens if I lose the dispute and still can’t pay?
   If the hearing confirms you owe arrears but cannot pay immediately, you can request a reasonable payment plan during the hearing. If you don’t pay, the landlord may proceed with eviction or a collections process.
3. Is it legal to withhold rent in Saskatchewan for repairs or unsafe housing?
   Generally, you cannot withhold rent except under very limited circumstances. Instead, report issues to the ORT. Always seek advice before withholding rent for repairs.
4. What evidence should I provide to dispute arrears?
   Provide receipts, bank statements, communication logs, and any agreements disproving the arrears claimed. The more documentation, the better.
5. Can I appeal an ORT decision about arrears?
   You may appeal an ORT decision to the Court of King’s Bench, but only within a specified period. Review your decision letter for instructions.

Conclusion: Key Takeaways

• Saskatchewan tenants have the right to dispute claims for arrears or back rent through the ORT.
• Use Form 6 to respond to landlord applications and always gather clear documentation.
• Understand your obligations under the Residential Tenancies Act, 2006, and act promptly to protect your housing rights.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): Official website, forms, and contact details
• Form 6 – Tenant Response: Download and instructions
• Residential Tenancies Act, 2006: Read the full act (PDF)
• Tenant Rights and Landlord Rights in Saskatchewan: Provincial fact page
• Saskatchewan Landlord and Tenant Support Centre: 1-888-215-2222

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1. Government of Saskatchewan. Residential Tenancies Act, 2006
2. Office of Residential Tenancies (ORT) – Saskatchewan Ministry of Justice

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