Office of Residential Tenancies in Saskatchewan: What It Does

A tenancy ends, the deposit does not come back, and the two sides disagree about why. Or you are a landlord and a tenant is disputing a deduction. Someone mentions the Office of Residential Tenancies.

This article explains what the ORT is, how a deposit dispute reaches it, and why deadlines matter. It is general information; whether the ORT can help with your problem depends on the facts.

This article covers the law of Saskatchewan.

What the Office of Residential Tenancies is

The Office of Residential Tenancies, or ORT, is the Saskatchewan office that a tenant applies to, through its online portal, to dispute a landlord's security deposit claim. This article focuses on that kind of dispute.

For deposits, a tenant applies through the ORT's online portal. The ORT then sends a hearing notice to both parties.

The deposit rules and the dispute process work together. A landlord who wants to keep any of the deposit must make a claim, and the notice of claim must be served on all tenants at the service addresses they provided. A tenant who disagrees can then apply to the ORT within 60 days of the tenancy end date, and a $50 filing fee applies.

The deposit rules that shape most disputes

Many disputes come back to a handful of rules. Knowing them helps you tell whether a deduction or demand was proper.

• A landlord may request a deposit of no more than one calendar month's rent at the start of a tenancy.
• At signing, the landlord can take at most 50% of the deposit, and the rest is due within two months of the tenant taking possession.
• The landlord must invest the deposit in securities authorized by The Trustee Act, 2009 or hold it in a trust account at a bank, trust company or credit union.
• 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.
• A landlord may not require, as a term of the tenancy agreement, that they will automatically keep all or part of the deposit.
• Unless the landlord gives written consent, a tenant must not apply the deposit as rent.

Deadlines for landlords and tenants

Timing is where many disputes turn. Under s. 32(1) of the tenancy legislation, a landlord has seven business days after learning, or reasonably should have known, that 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 seven business days of the tenancy ending. The notice of claim must be served on all tenants at the service addresses they provided.

A tenant who disagrees can apply to the ORT through its online portal for return of the deposit, within 60 days of the tenancy end date. A $50 filing fee applies.

Where the ORT's role may end

Not every landlord and tenant problem fits the ORT process, and not every application succeeds. A missed deadline, a claim served at the wrong address, or an unclear tenancy agreement can all change what happens.

What the ORT can decide in your situation depends on the facts. If you are unsure whether your dispute belongs there, a lawyer can confirm before you pay a filing fee or let a deadline pass.

What to do next

• Write down the date the tenancy ended and the date you moved out or got the keys back.
• Keep your tenancy agreement, receipts for the deposit and any move-out photos or notes.
• Tenants: note the 60-day window from the tenancy end date.
• Landlords: check that any claim was served on all tenants at the service addresses they gave.
• Landlords: remember that you may not require, as a term of the tenancy agreement, that you will automatically keep all or part of the deposit.
• Keep all messages between you and the other party in one place.

Because the rules about deposits, claims and service addresses are specific, check each step against your own dates and documents. How this applies depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions