Tenant Liability Claims in Saskatchewan: A Complete Guide

If you’re renting a home or apartment in Saskatchewan, understanding tenant liability claims is vital to protecting yourself from unexpected costs and disputes. Accidents or damage can happen, and knowing what to do if your landlord makes a claim against you is key for safeguarding your finances and tenancy rights. This guide breaks down how tenant liability claims work, your obligations under Saskatchewan’s laws, and practical steps to handle any issues that arise.

What Are Tenant Liability Claims?

Tenant liability claims occur when a landlord seeks compensation from a tenant for property damage, loss, or injury alleged to be caused by the tenant or their guests, beyond normal wear and tear. Such claims can relate to accidental fires, water damage, or significant alterations to the property.

Who Handles Tenant Disputes in Saskatchewan?

In Saskatchewan, the Office of Residential Tenancies (ORT) is the official body that oversees residential tenancy disputes, including those involving liability claims made by landlords against tenants.

Legal Framework: Key Legislation

Tenant liability responsibilities are governed by the The Residential Tenancies Act, 2006 in Saskatchewan¹. This law outlines landlord and tenant rights and obligations, including dealing with damages and security deposit deductions.

How Liability Claims Are Made

After a tenant causes damage (beyond ordinary wear and tear), the landlord may take the following steps:

• Deduct repair costs from the tenant’s security deposit after giving written notice.
• File a formal claim with the ORT if the deposit isn't enough or if the tenant disputes the deduction.

Landlords must provide itemized written statements and evidence proving the damages and costs of repairs.

Your Rights as a Tenant

Tenants have the right to:

• Dispute unreasonable damage claims or deductions in writing.
• Receive a fair hearing at the ORT if they disagree with the landlord’s claim.
• See all documentation the landlord submits as evidence.

Knowing your rights can help prevent unfair charges and support your side in any dispute.

Common Scenarios: Examples of Liability Claims

• Water damage from an overflowing bathtub left unattended
• Smoke or fire damage caused by tenant activity
• Broken windows or doors due to misuse or neglect
• Stains on flooring or walls beyond normal wear

If the cause is beyond your control or should have been prevented by the landlord (e.g., faulty wiring or leaky pipes), liability may be disputed.

Insurance and Reducing Your Risk

Most landlords in Saskatchewan now strongly recommend — and sometimes require — tenant insurance, which typically includes liability coverage. This insurance can cover costs if you accidentally damage the property or if someone gets injured while visiting your rental unit.

Forms and Filing a Dispute

If you wish to dispute a liability claim or a landlord's deduction from your deposit, you can apply to the ORT using the following key form:

• Application for Hearing (Form 5) — Use this form to request a hearing at the Office of Residential Tenancies if you disagree with damage claims, deposit deductions, or want your deposit returned.
  View and download the Application for Hearing (Form 5).

Example: If your landlord withholds some or all of your security deposit, claiming you caused damage, and you believe this is unfair (or due to normal wear and tear), you should fill out the Application for Hearing to have the ORT resolve the dispute.

Action Steps: What Should Tenants Do?

• Always document your unit’s condition when moving in and out, ideally using photos and the initial inspection report
• Communicate in writing about any damage claims or deposit issues
• Apply to the ORT if you believe a claim is unfair or unsupported by evidence
• Consider tenant insurance for added peace of mind

For a more detailed look at landlord and tenant rights in Saskatchewan, visit Tenant Rights and Landlord Rights in Saskatchewan. If you’re wondering about inspections, check out our Guide to the Initial Rental Property Inspection for Tenants as well.

When searching for a new rental or comparing housing options, Find rental homes across Canada on Houseme with helpful filters and interactive map views.

Frequently Asked Questions about Tenant Liability in Saskatchewan

1. What kinds of damages can my landlord hold me responsible for?
   Landlords can claim for property damage caused by you or your guests that’s above normal wear and tear — like holes in walls, broken appliances, major stains, or damage from negligence.
2. How do I dispute a claim I think is unfair?
   Tell your landlord in writing, keep all related communication, and file an Application for Hearing (Form 5) with the ORT for a formal dispute resolution.
3. Does my security deposit cover all damages?
   The deposit may only cover the cost up to its total. If damages exceed your deposit, your landlord might seek additional payment or an ORT order.
4. Is tenant insurance mandatory?
   While not required by Saskatchewan law, many landlords make it a condition of the lease for protection against liability and personal property loss.
5. What if my landlord claims for damages caused by a previous tenant?
   You are only responsible for damages that occur during your tenancy. Documentation from move-in and move-out inspections is essential to prove this.

Key Takeaways for Tenants

• Document your unit’s condition at move-in and move-out to prevent disputes
• Know your right to dispute unreasonable landlord claims through the ORT
• Tenant insurance offers valuable liability and personal property protection

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT) — Information, forms, complaint filing
• Saskatchewan Government: Renting and Leasing — Official tenant and landlord resources
• Legal Aid Saskatchewan — Advice and representation for eligible tenants: Legal Aid Saskatchewan

---

1. The Residential Tenancies Act, 2006 (Saskatchewan)

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy