Subletting can raise questions about who holds the security deposit and how it’s handled when a tenant rents to someone else. This guide explains, in plain terms for Saskatchewan renters, how deposits work during a sublet: who can collect and keep the deposit, what to document, timelines for returning funds, and how to use provincial dispute channels if something goes wrong. You’ll find practical steps to protect your money, examples of when to file a complaint, and links to the official Office of Residential Tenancies resources and forms. The aim is to help tenants understand responsibilities, avoid common mistakes, and prepare strong evidence if you need to recover a deposit.
How deposits work when subletting
When you sublet, the original tenant generally remains legally responsible to the landlord for the tenancy. That means the landlord can still look to the original tenant for unpaid rent or damage, even if a subtenant paid the security deposit. Often the subtenant gives their deposit to the original tenant (not the landlord), so it’s important to have a written agreement about who holds the money and under what conditions it will be returned. For help with disputes and official guidance, contact the Office of Residential Tenancies.Office of Residential Tenancies[1]
Practical steps tenants should take
- Document the unit condition with dated photos, video, and written notes before the subtenant moves in.
- Get any security deposit receipts or agreements in writing from the person holding the money, including amounts and the deposit date.
- Contact the landlord and the subtenant in writing to confirm who is holding the deposit and how damages and returns will be handled.
- Keep all rent and payment records, including bank transfers, e-transfers, or cheques that show deposit payments and refunds.
- If you can’t resolve the issue, file the appropriate application with the Office of Residential Tenancies and attach your evidence.
Who can legally hold a deposit?
The deposit can be held by the landlord, the original tenant, or a third party if all parties agree. However, whoever holds the deposit should provide a written receipt and an accounting of any deductions when tenancy ends. If the deposit is held by the original tenant, the landlord may still hold the original tenant responsible for losses to the unit; that’s why a clear written agreement between tenant and subtenant matters.
Common disputes and how they are decided
Common disputes include disagreement about deductions for damage, unpaid rent, or whether a deposit was paid at all. The Office of Residential Tenancies adjudicates disputes in Saskatchewan and applies the province’s tenancy law to decide who should repay the deposit and whether interest or additional costs apply.Office of Residential Tenancies[1] If the case proceeds, the decision will be based on the lease or sublet agreement, payment records, condition reports, and witness evidence.
Getting your deposit back
Start by asking for a detailed written accounting of the deposit and proposed deductions. If the landlord or original tenant refuses or the accounting is incomplete, collect all supporting documents—photos, messages, receipts—and consider filing an application with the Office of Residential Tenancies. For general background on what counts as allowable deductions and how deposits are handled, see Understanding Rental Deposits: What Tenants Need to Know and practical recovery steps at How to Get Your Security Deposit Back with Interest When Moving Out.[3]
FAQ
- Who is responsible for returning the deposit when a tenant sublets?
- The person who holds the deposit must return it unless a lawful deduction is agreed or ordered. If the original tenant holds the deposit, they are responsible to the subtenant; the landlord can still pursue the original tenant for damages to the rental unit.
- Can a landlord require the subtenant to pay a separate deposit?
- Yes, a landlord may require a deposit from the tenancy holder or the actual occupant depending on the agreement, but any additional deposit request should comply with provincial rules and be clearly documented.
- How long does a landlord have to return a deposit after a tenancy ends?
- Timelines vary by situation; check the Office of Residential Tenancies guidance and file an application if the deposit is not returned within the time the law or the tribunal requires.
How-To
- Gather evidence: collect photos, a move-in condition report, receipts, messages, and bank records showing deposit and rent payments.
- Ask in writing for a deposit accounting and any proposed deductions from the person holding the deposit; keep copies of your request and their reply.
- Complete and submit the appropriate application form to the Office of Residential Tenancies with your evidence and a clear statement of remedy sought.
- Attend the hearing or conference call and present your documents; be prepared to explain timelines and show receipts or photos.
- If the tribunal orders repayment, follow the order steps and keep documentation of any payment or enforcement actions.
Help and Support / Resources
- Office of Residential Tenancies, Government of Saskatchewan
- Ministry of Justice, Government of Saskatchewan
- Saskatchewan Publications and Legislation (Residential Tenancies Act)
