If your landlord won't return your deposit in Saskatchewan, apply to the Office of Residential Tenancies (ORT) online within 60 days after the tenancy ends. The fee is $50, and the landlord must pay the disputed amount into the ORT before the hearing (Residential Tenancies Act, 2006, s.33(1)–(2); Regulations s.13).
This how-to is for Saskatchewan renters who have moved out. For the deposit basics, see Saskatchewan Security Deposits.
What should the landlord have done?
Within seven business days after the landlord knew, or should have known, that you moved out, the landlord must either return the deposit and any interest, or return the part not claimed and serve a notice of claim in the approved form for the rest, holding that part in trust for 30 days (s.32(1)). The notice goes to your forwarding address; if you gave none, the landlord does not have to serve it (s.32(2)). Interest is payable only on tenancies over five years (saskatchewan.ca, Security Deposits).
How do you apply for your deposit back?
- Pick the right route. If the landlord's Notice of Landlord's Claim for Security Deposit came with a claim link code, dispute that notice online. If you got no notice, or no code, file the tenant application "Landlord has not returned the security deposit" in the ORT online portal (ORT Rules of Procedure).
- Gather your evidence: the written lease if there is one, proof you paid the deposit, such as an e-transfer receipt, and anything else that supports you, such as move-in and move-out photos.
- Pay the $50 fee, or apply for a fee waiver certificate (s.33(1); Rules of Procedure).
- File within 60 days of the tenancy end date (s.33(2)).
What happens after you file?
The ORT schedules a hearing and sends both sides a security deposit letter with a pay-in amount and deadline. The landlord must pay the disputed amount into the ORT, which holds it in trust until a decision. If the landlord misses the deadline, the ORT may cancel the hearing and order the deposit paid to you without notice to the landlord (s.33(8); Rules of Procedure).
If the landlord did not follow s.32(1)(b), the hearing officer must order the deposit paid to you, unless exceptional circumstances prevented compliance and that would be grossly inequitable (s.34(1), (3)). A landlord who broke s.32 or claimed without reasonable grounds can be ordered to pay your costs of $50 to $200 (s.34(4); Regulations s.13.1).
Frequently asked questions
Can my lease say the landlord keeps the deposit automatically?
No. A landlord may not make keeping the deposit an automatic lease term (saskatchewan.ca, Security Deposits).
Do I get the $50 back if I win?
Possibly. The hearing officer may order the landlord to reimburse it (Regulations s.13(2)).
Can I appeal?
Only on a question of law or jurisdiction, to the Court of King's Bench within 30 days (s.72(1)).
See also Moving Out in Saskatchewan and the Canadian Tenant Resource Center.
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