Eviction for Property Damage: Tenant Rights in Saskatchewan

If you're renting in Saskatchewan and your landlord accuses you of causing damage, it's natural to feel stressed—especially if you receive an eviction notice. Understanding the process, your rights, and how to respond can help protect your home and your deposit. This guide covers eviction for alleged damages under Saskatchewan law and walks you through what to expect.

Eviction Over Damages: How It Works in Saskatchewan

Under the Residential Tenancies Act, 2006 (Saskatchewan), landlords can apply to end a tenancy if the tenant has caused significant damage to the property beyond normal wear and tear.^[1] "Damage" means harm that affects the property’s value or safety, not ordinary signs of living.

• Landlords must provide evidence (such as inspection reports or photographs)
• Eviction is not automatic—tenants have a right to a hearing
• Only the Office of Residential Tenancies (ORT) can order an eviction

Examples of Damage vs. Normal Wear and Tear

• Damage: Broken windows, holes in walls, or ripped-out fixtures
• Normal wear: Small nail holes, minor scuffs on walls, worn carpet from use

The Eviction Process for Alleged Damages

Here's what typically happens if you're accused of damaging the rental unit:

• Landlord alleges damage. They may notify you in writing or ask you to pay for repairs.
• Application to ORT. If you and your landlord can't reach an agreement, the landlord may file an "Application for an Order of Possession" with the ORT.
• You receive notice and a hearing date. This gives you a chance to prepare your defence and attend the hearing.
• Hearing at the ORT. Both sides can present evidence and testimony.
• Decision. The ORT will decide if an eviction is justified and may order compensation for damages if proven.

Key Forms for Tenants

If you wish to respond or challenge an eviction for alleged damages, you may need these forms:

• Notice of Hearing and Application (ORT Form): Provided to you by the landlord or ORT. Read it carefully, as it outlines what's being claimed.
  • Example: If you receive this, review the damage allegations and prepare your evidence (such as photos, communications, or receipts).
• Application for Adjournment: If you need more time, you may apply to the ORT to postpone the hearing. Learn more and download the form at the ORT website.
• Tenant's Reply (Written Submission): You can submit a written response and supporting materials before your hearing. Check specific instructions in your hearing notice or at the ORT website.

For a full list of forms, visit the ORT official forms page.

Your Rights and How to Respond

Tenants have the right to:

• Receive notice and details of the specific damages alleged
• See evidence (receipts, photos, inspection reports)
• Dispute the claims and present your own evidence
• Attend the hearing and have someone represent you

It's important to understand your obligations as a tenant. For a summary of tenant and landlord duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Inspection Reports: Your Best Evidence

Both the landlord and tenant should complete a move-in and move-out inspection report. This document is essential in disputes over damages. To learn about how inspections protect you, read Guide to the Initial Rental Property Inspection for Tenants.

Security Deposits and Damages

If damages are found and proven, the landlord may keep some or all of your security deposit to pay for repairs. However, if there are disagreements, the issue will be decided at the ORT hearing. Tenants should always ask for receipts and written estimates.

Learn more about your rights when it comes to your deposit: Understanding Rental Deposits: What Tenants Need to Know.

If You Disagree With the Eviction

You can challenge the eviction or compensation order by:

• Attending the hearing and presenting your side
• Providing your own evidence (e.g., move-in inspection, photos, communications)
• Requesting an adjournment if you need more time (Adjournment Request Form)
• Appealing the ORT's decision if you believe a mistake was made—see the ORT appeals process

Be sure to respond by deadlines in any notice you receive.

Finding a New Place if You Must Move

If you ultimately need to relocate, Explore Houseme for nationwide rental listings to find safe, affordable homes across Canada.

Learn More About Your Rights

To understand the rules specific to Saskatchewan, visit Tenant Rights and Landlord Rights in Saskatchewan for an overview of key laws and resources.

Frequently Asked Questions

1. Can I be evicted immediately for property damage? No, in Saskatchewan, your landlord must apply to the Office of Residential Tenancies for an eviction order, and you have the right to a hearing before any eviction goes ahead.
2. What's the difference between damage and normal wear and tear? Damage is when you harm or break something beyond what’s expected from everyday use (like holes in walls or broken windows). Normal wear means things like faded paint or worn carpet.
3. Do I lose my security deposit if accused of damage? Not automatically—if the landlord proves at the hearing that you caused damage, some or all of your deposit may be used for repairs. If not, you keep your deposit.
4. What if I disagree with the landlord’s claims? Gather your evidence (like photos or inspection reports) and present your side at the hearing. You can also appeal a decision by following the ORT’s appeal process.
5. Can I get help preparing for my hearing? Yes, tenant advocacy groups and legal aid services can offer advice, and you can have someone represent you at your hearing if you wish.

Key Takeaways for Tenants

• Eviction for alleged property damage in Saskatchewan always involves a hearing—you have a right to defend yourself.
• Keep careful records, especially inspection reports and photos—these are your best protection.
• If you disagree with a decision, you can appeal through the Office of Residential Tenancies.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) – Main agency for residential tenancy disputes in Saskatchewan. Call 1-888-215-2222 for tenant help.
• Legal Aid Saskatchewan – Provides legal support for tenants in need.
• City of Saskatoon Tenant Support – Offers guidance on tenant issues in Saskatoon.
• See Tenant Rights and Landlord Rights in Saskatchewan for additional provincial laws and guidance.

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1. Residential Tenancies Act, 2006 (Saskatchewan), read the full text here.
2. Office of Residential Tenancies, Saskatchewan: official website.
3. ORT Forms and Information Sheets: forms page.

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