Saskatchewan Damage Deposits: Tenant Rights and Rules

When renting in Saskatchewan, many tenants encounter damage deposits—sometimes called security deposits. Understanding how these deposits work, your rights as a tenant, and what landlords can and cannot request is essential for a smooth rental experience. This guide explains the laws, the deposit process, forms, and what steps to take if issues arise.

What Is a Damage Deposit and Is It Legal in Saskatchewan?

Yes, landlords in Saskatchewan can ask for a damage deposit when you first move in. Damage deposits are regulated under the Residential Tenancies Act, 2006¹. The deposit is meant to cover unpaid rent, damage beyond normal wear and tear, or cleaning if the unit is not left in reasonable condition.

• Maximum amount: A landlord can ask for up to one month’s rent as a damage deposit.
• Payment schedule: If requested, the deposit can be paid in two installments: half at signing, and half within two months or when you move in (whichever comes first).

For more details about what qualifies as a deposit and how it differs from rent, see Understanding Rental Deposits: What Tenants Need to Know.

Where Is Your Damage Deposit Held?

Landlords must deposit your money in a trust account within two business days. These rules are enforced by the Office of Residential Tenancies (ORT), Saskatchewan’s official dispute resolution board.

When and How Is the Damage Deposit Returned?

Once your tenancy ends, your landlord must inspect the property with you present and provide a written statement of any damages or cleaning costs. The deposit must be returned to you (minus any allowed deductions) within seven business days of this inspection.

• If there are deductions: The landlord must give you a detailed written breakdown.
• No deductions: The full deposit is returned (sometimes with interest).

If you disagree with a deduction or believe the landlord is withholding your deposit unfairly, you can apply to the ORT to resolve the issue. See, for example, How to Get Your Security Deposit Back with Interest When Moving Out.

Required Forms and How to Use Them

• Notice of Application (Form 5): File this with the ORT if you want to dispute a landlord's claim on your deposit.
  Official form download
• Move-In/Move-Out Inspection Report: Both tenant and landlord fill this out at the beginning and end of the tenancy to record the condition of the unit.
  View and download inspection forms

It’s a best practice to always participate in inspections and keep copies of all forms for your records.

Tips to Protect Your Deposit

• Attend the move-in and move-out inspections with your landlord.
• Take dated photos to supplement the inspection report.
• Get all communication with your landlord in writing.
• Pay your rent on time and keep receipts.

Want to learn more about what happens at move-in? Check out the Guide to the Initial Rental Property Inspection for Tenants.

What to Do If You Have Deposit Disputes

If you feel your damage deposit is being unfairly withheld, here’s what to do:

1. Request a written explanation and breakdown from your landlord.
2. Gather evidence: inspection reports, photos, receipts.
3. File a Notice of Application (Form 5) with the Office of Residential Tenancies.
4. Attend the hearing or mediation session (in-person or virtual) and present your side.

The tribunal will decide if you’re entitled to a full or partial refund, and their order is legally binding.

Related Tenant Rights & Resources

• For broader rights and responsibilities information, see Tenant Rights and Landlord Rights in Saskatchewan.
• Need a new place? Find rental homes across Canada on Houseme for your next move.

FAQs About Damage Deposits in Saskatchewan

1. Can my landlord ask for more than one month’s rent as a deposit?
   No. By law, the maximum allowed is one month’s rent for a damage deposit in Saskatchewan.
2. Is interest paid on damage deposits in Saskatchewan?
   Yes, landlords must pay interest on deposits. The rate changes annually, set by regulation.
3. What if my landlord refuses to return my deposit?
   You can file an application with the Office of Residential Tenancies to dispute this. The landlord must show valid reasons for withholding.
4. Am I required to be present for the move-out inspection?
   Landlords are required to provide you the opportunity to attend. If you cannot attend, they must conduct the inspection and provide documentation.

Conclusion: Key Takeaways

• Damage deposits are allowed but strictly regulated in Saskatchewan.
• Your deposit must be protected in a trust, and you have the right to a timely, fair return (with interest).
• Disputes can be resolved through the Office of Residential Tenancies.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) – file complaints, access forms, get dispute help
• Tenant Advocacy Groups in Saskatchewan – legal information and tenant rights support
• Government of Saskatchewan: Renting and Leasing Information

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1. See Residential Tenancies Act, 2006 (Saskatchewan)
2. Office of Residential Tenancies, Government of Saskatchewan: https://www.saskatchewan.ca/residents/housing-and-renting/renting-and-leasing/residential-tenancies-office

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