Notable Security Deposit Decisions and Tenant Rights in Saskatchewan

Security deposit disputes are among the most common issues between tenants and landlords in Saskatchewan. Understanding recent decisions from the Office of Residential Tenancies (ORT) can help you protect your rights and know what to expect if an issue arises in your rental. This article provides a clear overview of notable security deposit dispute decisions, important rules, and the steps Saskatchewan tenants can take to secure the return of their deposit.

Understanding Security Deposits: Key Concepts and Laws

A security deposit (sometimes called a damage deposit) is money paid by the tenant when signing a new tenancy agreement. In Saskatchewan, the amount cannot exceed one month's rent. Security deposits are regulated by the The Residential Tenancies Act, 2006, which protects both tenants and landlords by setting out rules for holding and returning deposits.^[1]

If you are new to renting in Saskatchewan, check out Understanding Rental Deposits: What Tenants Need to Know to get started.

How Security Deposit Disputes Arise

Disputes usually happen when there is disagreement about:

• How much damage (if any) was caused during the tenancy
• Whether the unit was left clean
• Outstanding rent or other costs claimed by the landlord

Most disputes are resolved by the Office of Residential Tenancies (“ORT”), which is Saskatchewan’s residential tenancy tribunal. You can learn more about the ORT and its processes here.^[2]

Important Tribunal Decisions Involving Security Deposits

Over the past years, several notable decisions from the ORT have helped clarify how security deposits should be handled at the end of a tenancy:

• Initial Inspection is key: The ORT emphasizes the importance of properly documented pre- and post-tenancy inspections. Without written inspection reports, claims for damages are often denied.
• Normal wear and tear: Many decisions distinguish between unavoidable wear and actual damage. Tenants cannot be charged for things like faded paint or minor scuffs.
• Timelines matter: Landlords must return deposits (with interest) or provide reasons for withholding within seven business days after the tenant moves out.

Examples from Saskatchewan Decisions

In a recent case, the ORT ruled in favour of a tenant who was charged for carpet cleaning, clarifying that if professional cleaning wasn’t required beyond regular use, the claim was unreasonable. In another case, a landlord lost their claim for damages because no move-in inspection was performed, highlighting the importance of the official process.

For more about your rights and obligations as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Required Forms for Security Deposit Disputes

If a landlord keeps part or all of your security deposit and you disagree, you can apply for a hearing at the ORT. The main form needed is:

• Application for a Hearing (ORT Form 7): Used to resolve disputes over security deposits and other tenancy issues.
  When to use: After moving out, if your landlord withholds your deposit and you believe it’s unjustified.
  How: Fill out the form and submit it online or by mail. Link and detailed instructions are available on the ORT website.^[3]

Tips to Protect Your Security Deposit

• Document the condition of your rental with photos at move-in and move-out
• Attend and sign official inspection reports
• Keep copies of all forms and correspondence

The ORT will reference these documents if you bring a dispute.

Getting Your Deposit Back: Next Steps for Tenants

When your tenancy ends, follow these steps to recover your deposit:

• Clean your unit thoroughly and complete a final inspection
• Return your keys
• Request your deposit and any interest in writing from your landlord
• If there is no response within seven business days, file an application with the ORT

More helpful advice is available in How to Get Your Security Deposit Back with Interest When Moving Out.

Looking for your next home? Explore rental homes in your area easily with Houseme.

For a complete overview of your rights, also see Tenant Rights and Landlord Rights in Saskatchewan.

Frequently Asked Questions about Security Deposit Disputes in Saskatchewan

1. How long does a landlord have to return my security deposit?
   In Saskatchewan, landlords must return your security deposit (with interest) or provide written reasons for withholding it within seven business days after you move out.
2. What if my landlord didn't complete an inspection?
   If an initial or final inspection wasn't done, the landlord's ability to claim damages is limited. Always document the condition of your unit yourself.
3. Can a landlord charge for normal wear and tear?
   No. Normal wear and tear is not deductible from your deposit. Only excessive damage or uncleanliness may be charged.
4. What forms do I need to dispute a withheld deposit?
   Use the Application for a Hearing (ORT Form 7) found on the ORT’s website to dispute withheld security deposits.
5. Can a landlord deduct for professional carpet cleaning?
   Only if the carpet was left excessively dirty beyond normal use. Routine cleaning after standard use is not a valid deduction.

Conclusion: Key Takeaways

• Complete and document move-in and move-out inspections to protect your deposit
• Act quickly if your deposit is withheld, using the official ORT forms
• Learn and assert your rights under Saskatchewan law for the best outcome in disputes

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): Official ORT website – forms, application instructions, and contact information.
• Saskatchewan Tenants Rights Hotline: Call 1-888-215-2222 for free advice.
• Government of Saskatchewan – Renting Information: Provincial renters’ guide and updates

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1. The Residential Tenancies Act, 2006, available from the Government of Saskatchewan
2. Office of Residential Tenancies (ORT), official Saskatchewan tenancy tribunal: Saskatchewan ORT
3. Application for a Hearing (Form 7): Office of Residential Tenancies Hearings

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