How Long Does a Landlord Have to Return a Security Deposit in Saskatchewan?

You have moved out, handed back the keys, and now you are waiting for your security deposit. Or you are a landlord wondering how long you can take to sort out the unit before the money has to go back. Saskatchewan sets a short clock for this, and missing it can cause problems.

This article walks through the deadline, how a landlord must make a claim, what the rules say about holding and earning interest on a deposit, and what a tenant can do if they disagree. Your own situation may have details that change the picture, so treat this as a general guide.

This article covers the law of Saskatchewan.

The seven business day deadline

In Saskatchewan, a landlord has seven business days after learning, or after reasonably should have known, that the tenant has vacated. In that time the landlord must either return the deposit or make a claim against it. Whether any exception to that rule applies to your tenancy depends on your situation, so it is worth confirming with a lawyer.

Government guidance puts it in similar terms: a landlord who wants to keep any of the deposit must make a claim within seven business days of the tenancy ending. Exactly how business days are counted can matter if your dates are close to the deadline, so it is worth confirming with a lawyer. Which day the clock starts can depend on when the landlord knew you had left, so keep a record of your move-out date.

How a landlord must make a claim

A landlord who wants to keep any part of the deposit cannot simply keep it quietly. The notice of claim must be served on all tenants at the service addresses they provided.

That makes the address you give matter. If you are moving out, give the landlord a clear address where you can receive documents. If you are a landlord, check the addresses on file for each tenant, because a claim sent to the wrong place may not count as properly served.

What landlords can and cannot do with a deposit

• A landlord may request no more than the equivalent of one calendar month's rent as a security deposit.
• At most 50% can be taken at signing, with the rest due within two months of the tenant taking possession.
• The deposit must be invested in securities authorized by The Trustee Act, 2009, or held in a trust account at a bank, trust company or credit union.
• A tenancy agreement cannot say the landlord will automatically keep all or part of the deposit.
• Unless the landlord gives written consent, a tenant must not apply the deposit as rent.

So a clause in a lease that says the deposit is non-refundable, or that part of it is kept at move-out no matter what, cannot be relied on in that way.

Is interest owed on the deposit?

Usually not. Interest on a security deposit is payable to the tenant only for tenancies longer than five years, and it accrues only up to 30 days after the tenancy ends. If your tenancy was five years or shorter, the rules do not call for interest. If it was longer, it is worth checking that the amount returned reflects this.

If you disagree with a claim: next steps

A tenant can dispute a landlord's claim by applying to the Office of Residential Tenancies (ORT) through its online portal for return of the security deposit. The application must be made within 60 days of the tenancy end date, and a $50 filing fee applies. The ORT then sends a hearing notice to both parties.

• Write down your move-out date and keep proof of when you returned the keys.
• Give the landlord a service address in writing.
• Keep photos, move-in and move-out condition reports, and receipts.
• Note the date any notice of claim reaches you.
• Count 60 days from the tenancy end date and apply before then if you want to dispute.
• Ask a lawyer if the amounts or the facts are complicated.

Frequently asked questions