Security Deposit Return Rules for Saskatchewan Landlords
The 7-business-day deposit claim deadline is the tightest timeline most Saskatchewan landlords face at the end of a tenancy. If you miss it, the Act requires the hearing officer to order repayment of the deposit and accrued interest, unless exceptional circumstances prevented compliance and an order would be grossly inequitable.
The Basics
Under The Residential Tenancies Act, 2006, Saskatchewan landlords may collect a security deposit up to one month's rent. There is no government-held custodial deposit scheme in Saskatchewan — the landlord holds the deposit in trust for the duration of the tenancy.
The deposit may be claimed for unpaid rent, reasonable cleaning costs if the unit is not left reasonably clean, or damage beyond normal wear and tear. It is not an automatic cleaning fee, a last-month's-rent payment, or a penalty fund. Deducting for normal wear — scuffed baseboards, faded paint, worn carpet in traffic areas — is not permitted.
The 7-Business-Day Rule
Within 7 business days after the landlord actually knows or should reasonably have known that the tenant vacated, the landlord must either:
- Return the deposit and accrued interest to the tenant, or
- If retaining all or part, pay the undisputed portion and its accrued interest to the tenant, then serve the approved notice of claim through the ORT portal. Keep the retained amount and its accrued interest in trust for 30 days from the tenancy end date.
If you fail to comply, the tenant may apply to the ORT within 60 days of the tenancy end. If non-compliance is established, the Act requires the hearing officer to order payment of the deposit amount and accrued interest to the tenant, unless exceptional circumstances prevented compliance and an order would be grossly inequitable.
Business days exclude weekends and provincial statutory holidays. If the tenant hands back keys on a Friday afternoon, Day 1 is the following Monday.
How to File a Deposit Claim
If you intend to keep part or all of the deposit for legitimate deductions, you file through the ORT online portal:
- Document the condition of the unit — photographs, video walkthrough, written notes — before and after the tenancy
- Calculate your claim: itemize each deduction with the specific damage or unpaid amount
- Submit the claim through the portal within the 7-business-day window
- If the tenant provided a forwarding address, serve the notice there by personal service, ordinary mail, or electronic form, as Section 32 requires. If no forwarding address was provided, the Act does not require service of that notice.
The ORT does not automatically schedule a hearing on a landlord's notice of claim. A hearing is scheduled if the tenant disputes the claim and pays the non-refundable $50 filing fee. The ORT will direct you to pay the amount in dispute into the ORT and submit a Notice to Tenant of Claim for Security Deposit by the stated deadline. If you do not pay by that date, the ORT may order you to pay the tenant and cancel the hearing. The Hearing Officer decides what portion of the deposit, if any, you may retain.
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Move-In and Move-Out Condition Reports
Condition reports are not technically required by the Act, but they are the single best piece of evidence in a deposit dispute. Complete a detailed move-in inspection documenting the unit's condition (photos of every room, all appliances, flooring, walls, fixtures) and have the tenant sign it. Do the same at move-out.
Without a move-in condition report, proving that damage occurred during the tenancy becomes much harder. The ORT places the evidentiary burden on the landlord to demonstrate the damage exceeds normal wear, and "it wasn't like that before" without documentation is not persuasive.
Security Deposit and Tenancy Termination
The deposit claim process applies regardless of how the tenancy ends — whether the tenant gave proper notice, you served an eviction notice, or the ORT ordered possession. The 7-business-day clock starts when you actually know or should reasonably have known that the tenant vacated, not simply when the notice expires.
If a tenant abandons the unit, document when you actually knew or should reasonably have known the tenant had vacated.
What You Cannot Do
- Withhold the deposit without following the claim process — if non-compliance is established, the Act requires the hearing officer to order payment of the deposit and accrued interest to the tenant, subject to the exceptional-circumstances exception above
- Make deductions for normal wear and tear — the deposit covers damage, not depreciation
- Require a deposit exceeding one month's rent — the statutory maximum is one month
- Apply the deposit as last month's rent without the landlord's written consent — it is a security deposit, not prepaid rent
The Saskatchewan Ending a Tenancy guide covers the deposit claim process with a move-out inspection checklist, an itemized deduction worksheet, and the ORT portal filing steps.
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