- A Saskatchewan landlord may request a deposit of no more than one calendar month's rent, and can take at most 50% of it at signing.
- After move-out, the landlord generally has seven business days to return the deposit or make a claim against it.
- A tenant who disagrees with a claim can apply to the Office of Residential Tenancies within 60 days of the tenancy end date.
A security deposit is money a landlord holds during a tenancy to cover things like damage or unpaid rent. Tenants want to know how much can be asked for and when it comes back. Landlords want to know what they must do to keep any part of it.
This article walks through the main Saskatchewan rules on security deposits: the limit, how the deposit is paid and held, the deadline after move-out, and what a tenant can do if there is a dispute.
This article covers the law of Saskatchewan.
How much can a landlord ask for?
A landlord may request a security deposit of no more than the equivalent of one calendar month's rent at the start of a tenancy.
The deposit does not all have to be paid up front. A landlord can take at most 50% of it at signing, and the rest is due within two months of the tenant taking possession.
| Item | Rule |
|---|---|
| Maximum deposit | One calendar month's rent |
| At signing | No more than 50% of the deposit |
| Balance due | Within two months of taking possession |
How the deposit must be held
A landlord cannot simply spend the deposit. It must either be invested in securities authorized by The Trustee Act, 2009 or held in a trust account at a bank, trust company or credit union.
Interest has a special rule. It is payable to the tenant only for tenancies longer than five years, and it accrues only up to 30 days after the tenancy ends.
A landlord also may not require, as a term of the tenancy agreement, that the landlord will automatically keep all or part of the deposit. If your agreement contains a term like that, how it applies to your situation depends on the facts, so it is worth confirming with a lawyer.
Using the deposit as rent
Tenants sometimes plan to treat the last month's rent as covered by the deposit. Unless the landlord gives written consent, a tenant must not apply the security deposit as rent (s. 27 of Saskatchewan's residential tenancies legislation). If you want to do this, get the landlord's agreement in writing first.
The deadline after move-out
Under s. 32(1) of Saskatchewan's residential tenancies legislation, a landlord has seven business days after learning (or reasonably should have known) the tenant has vacated to return the deposit or make a claim against it, subject to s. 32(5).
A landlord who wants to keep any of the deposit must make a claim within that seven business day period. The notice of claim must be served on all tenants at the service addresses they provided.
Because the notice goes to the service address you gave, tenants should give the landlord a current address in writing when they move out.
- Landlords: note the date you learned the tenant left and count the business days from there.
- Landlords: serve the notice of claim on every tenant at their service address.
- Tenants: keep a record of your move-out date and the address you gave.
If you disagree with a claim
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, within 60 days of the tenancy end date. A $50 filing fee applies, and the ORT then sends a hearing notice to both parties.
Sixty days passes quickly, so do not wait. Whether a particular deduction is fair depends on the facts, such as the condition of the unit and what was agreed, and a lawyer can help you assess it.
What to do next
- Read your tenancy agreement for the deposit amount and payment dates.
- Confirm the deposit is no more than one month's rent and that no more than half was taken at signing.
- Take dated photos of the unit at move-in and move-out.
- Provide a written service address when you leave.
- Watch the seven business day and 60 day timelines.
- Speak with a lawyer if the amounts or the facts are disputed.
Frequently asked questions
Can my landlord ask for more than one month's rent as a deposit?
A landlord may request a security deposit of no more than the equivalent of one calendar month's rent at the start of a tenancy. If you were charged more, it is worth raising it in writing and getting advice.
Do I earn interest on my deposit?
Interest is payable to the tenant only for tenancies longer than five years, and it accrues only up to 30 days after the tenancy ends. For shorter tenancies, interest is not generally payable.
How long does my landlord have to return my deposit?
A landlord has seven business days after learning, or reasonably should have known, that the tenant vacated to return the deposit or make a claim against it. A claim must be served on all tenants at the service addresses they provided.
Where do I dispute a deduction?
You can apply to the Office of Residential Tenancies through its online portal within 60 days of the tenancy end date. A $50 filing fee applies, and a hearing notice is sent to both parties.
Sources
- Government of Saskatchewan – Security Deposits — saskatchewan.ca
- CanLII – The Residential Tenancies Act, 2006 — canlii.org
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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