No: you cannot withhold rent for repairs in Saskatchewan. The Residential Tenancies Act, 2006 says a tenant must pay rent when it is due whether or not the landlord complies with the Act, the Regulations or the tenancy agreement, unless the Act itself gives a right to deduct (s.42(1)). The lawful route is an application to the Office of Residential Tenancies (ORT), which can order rent paid to the director and used for the repairs (s.70(6)(b), (7)).
Myth 1: "If the landlord won't fix it, I can stop paying rent."
False in Saskatchewan. The Standard Conditions that form part of every lease say a tenant must pay rent when it is due, whether or not there are problems with the landlord or the tenancy, and should apply to the ORT instead of withholding (Schedule 1, s.4(1)).
If that notice has already arrived, read what tenants can do after an Immediate Notice to Vacate.
Myth 2: "I can pay for the repair myself and take it off the rent."
Not under Saskatchewan's Act. It contains no repair-and-deduct right. The deductions it does allow are narrow, such as taking an overpaid security deposit (more than one month's rent) off the rent (s.25(2)). Paying a contractor and subtracting the bill is a gamble that the landlord will treat as unpaid rent.
| Situation | What the Act says |
|---|---|
| Repairs not done | Pay rent; apply to the ORT (s.42(1); Schedule 1, s.4(1)) |
| Deposit above one month's rent | Tenant may deduct the overpayment from rent (s.25(2)) |
| No copy of the signed lease within 20 days | Obligation to pay rent is suspended (s.19(2), (5)), subject to a landlord's application (s.19(6)) |
| Service or facility cut off by order | Hearing officer may reduce the rent (s.43(3)(b)) |
Myth 3: "I knew about the problem when I moved in, so I can't complain."
False. In Saskatchewan the landlord must keep the property in a good state of repair and fit for habitation, use and enjoyment even if the disrepair existed, to the tenant's knowledge, before the lease was signed (s.49(1)(a)). The landlord must also repair the services and facilities it supplies, whether the problem is wear and tear or any other cause, unless the tenant caused the damage (s.49(1)(b), (4), (6)).
Myth 4: "The ORT can't do anything about my rent."
It can. After a hearing, a Saskatchewan hearing officer may order the tenant to pay all or part of the rent to the director instead of the landlord, and direct that money to be used to remedy the landlord's failure (s.70(6)(b), (7)). The officer can also order the landlord to comply and award damages (s.70(6)(a), (c)). A Breach of Tenant's Rights application costs $50 and is treated as urgent while you live in the unit (ORT Rules of Procedure, Parts 2 and 3).
The step-by-step is in how to apply for an ORT hearing, and the split of duties is in who fixes what in a Saskatchewan rental.
Frequently asked questions
Can I pay my rent to the ORT instead of the landlord?
Only once a hearing officer orders it (s.70(6)(b)). Until then, pay the landlord as the lease says.
What if the unit is truly unlivable?
If the landlord breaches a material term, such as the unit becoming uninhabitable, a tenant may end the tenancy on short written notice stating the reason, after a reasonable chance to fix it if it can be fixed (Schedule 1, s.16(3)–(4)).
Can I get money back for the time repairs were outstanding?
You can claim compensation for loss caused by the landlord's non-compliance (s.8(1)), and you must take reasonable steps to limit it (s.8(2)). Apply within one year (s.71.1).
Can the landlord evict me for complaining?
At a possession hearing, a tenant can ask for relief if the notice was given because of a good-faith health or housing standards complaint or an attempt to enforce rights under the Act (s.70(11)).
Key takeaways
- Saskatchewan tenants must keep paying rent while repairs are outstanding (s.42(1)).
- There is no repair-and-deduct right in the Act.
- The ORT can redirect rent to fund repairs, order compliance and award compensation (s.70(6)–(7)).
- More guides are in the Canadian Tenant Resource Center.
Get repairs done the lawful way
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