If you've been evicted in Saskatchewan, getting your security deposit back can feel confusing and urgent. This guide explains tenant rights, common reasons a landlord may keep part or all of a deposit, what paperwork and evidence to gather, and the official steps to apply to the provincial tribunal. It uses plain language for renters and tenants, points to key forms and deadlines, and shows how to prepare for a hearing if a dispute goes to the Office of Residential Tenancies. You do not need to be a legal expert to follow these steps, but acting promptly and keeping clear records gives you the best chance of recovering what you're owed.
What happens to deposits after eviction?
After an eviction, a landlord may apply a tenant's security deposit to unpaid rent, damages beyond normal wear and tear, or other amounts allowed by Saskatchewan law. If the landlord keeps all or part of the deposit, they must be able to justify the deductions with receipts, invoices or a tribunal order. If you disagree, you can apply to the provincial tribunal to challenge the deductions and ask for a refund.[1] Landlords must follow the rules in the province's tenancy legislation before withholding deposit funds.[2]
Common reasons a landlord may keep part or all of a deposit
- Unpaid rent or rent arrears owed at the time of eviction.
- Damages that exceed normal wear and tear, supported by repair invoices.
- Cleaning or replacement costs when the unit is left in an uninhabitable condition.
- Utilities or service charges the tenant contractually agreed to pay but did not.
Before you apply: gather evidence
Collect all relevant records: your lease, move-in and move-out inspection reports, photos or videos of the unit, email or text messages about repairs, rent receipts, receipts for repairs you paid for, and any notices the landlord served. If you signed a move-out condition report or received a final statement of account from the landlord, include it.
How the Office of Residential Tenancies process typically works
In Saskatchewan, deposit disputes are decided by the Office of Residential Tenancies. You will normally need to complete an application form, pay any applicable fee, and submit your evidence. The tribunal will schedule a hearing where both parties can present their cases. If the tribunal orders a refund, the landlord must comply or you can seek enforcement of the order.[1]
Practical tips for disputes after eviction
- Keep copies of all receipts, repair estimates and photos in a single folder.
- Complete the tribunal application form carefully and attach a clear timeline of events.
- Note all deadlines and hearing dates; missing a deadline can affect your rights.
If you want to read more about deposits and how they work before you apply, see Understanding Rental Deposits: What Tenants Need to Know. For moving-out specifics and interest on deposits when leaving, consult How to Get Your Security Deposit Back with Interest When Moving Out. If you need to find a new rental after an eviction, Find rental homes across Canada on Houseme.
FAQ
- Can a landlord keep my deposit automatically after eviction?
- No. A landlord must have a valid reason supported by evidence or obtain a tribunal order to keep part or all of a deposit.
- How long do I have to apply to the tribunal after eviction?
- Deadlines vary by claim type and the tribunal's rules; check the Office of Residential Tenancies guidance and apply as soon as possible.
- What if the tribunal orders a refund but the landlord does not pay?
- You can ask the tribunal or small claims court to enforce the order; the tribunal's guidance explains enforcement options.
How-To
- Gather evidence: lease, photos, inspection reports, receipts and communication records.
- Check timelines: confirm the tribunal's deadlines for filing and any notice periods you must meet.
- Complete the official application form for the Office of Residential Tenancies and attach your evidence.
- Prepare a concise written claim that lists the amount you seek and the reasons for each deduction you dispute.
- Attend the hearing (virtual or in-person), present your evidence calmly, and answer questions clearly.
- If the tribunal rules in your favour, follow the tribunal's instructions to collect the ordered refund or enforce the decision.
Help and Support / Resources
- Office of Residential Tenancies, Government of Saskatchewan
- Saskatchewan Government tenant information and resources
- Residential Tenancies Act (Queen's Printer for Saskatchewan)
