The Most Common ORT Mistakes Saskatchewan Landlords Make (And How to Avoid Them)
Many landlords assume that if a tenant is clearly in the wrong, the Office of Residential Tenancies (ORT) will automatically rule in their favour. In reality, ORT decisions are heavily process-driven. Even strong cases can be delayed, dismissed, or restarted when technical requirements are not followed exactly.
Most lost time and lost rent at the ORT does not come from bad tenants—it comes from small procedural mistakes that could have been avoided with proper knowledge and documentation.
Serving the Wrong Notice
One of the most frequent errors is serving the incorrect form. A common example is treating an unpaid security deposit as rent arrears, when in fact it is a breach of the tenancy agreement and must be handled through a Notice to Vacate for Cause.
Using the wrong notice, even when the tenant clearly owes money, can invalidate the application and require the entire process to start over.
Incomplete or Missing Certificates of Service
Every document served to a tenant must be accompanied by a completed Certificate of Service. This certificate proves how, when, and to whom the document was delivered. Without it, the ORT may determine that service was not properly completed, regardless of whether the tenant actually received the notice.
Many landlords lose weeks simply because the notice itself was correct, but the proof of service was not.
Improper Electronic Service
Serving notices by text message, email, or social media is allowed only under specific conditions. The ORT requires evidence that the tenant previously communicated through that same channel and that the landlord can show how the contact information was obtained.
If there is no prior communication history through that method, the ORT may rule that service was invalid. This often results in the entire process being reset, costing additional time and rent.
Accepting Payments That Undermine the Claim
Accepting partial rent payments can unintentionally reset enforcement timelines. In some cases, it can restart the 15-day arrears clock or weaken the ability to proceed with termination or eviction.
While partial payments may feel like progress, they must be handled carefully and documented properly to avoid delaying legal remedies.
Treating Utility Arrears as Rent
Utilities are not automatically considered rent under ORT rules. They require separate notice and a waiting period before they can be claimed as arrears. Including them too early or without proper notice can result in that portion of a claim being rejected.
Inconsistent Names, Dates, and Amounts
Small discrepancies between documents can create large problems. Lease agreements, rent ledgers, notices, and certificates must all match exactly in:
- Legal names
- Property addresses
- Rent amounts
- Payment dates
- Arrears totals
Even minor inconsistencies can raise questions at a hearing and slow the process.
Lack of a Clear Rental Ledger
The ORT relies heavily on objective records. A clean rental ledger showing when rent was due, when it was paid, and what remains outstanding is one of the most important pieces of evidence in any arrears case.
Without it, claims become harder to prove and easier to challenge.
Not Using ORT Forms and Systems
The ORT provides standardized forms, templates, and an online portal designed to ensure compliance. Landlords who rely on outdated forms, informal notices, or inconsistent documentation often encounter avoidable setbacks.
Using ORT-approved leases and notice templates reduces the risk of technical errors and strengthens the credibility of an application.
Final Thoughts
Most ORT issues are not decided on emotion or intent. They are decided on documentation, timelines, and proper procedure.
Landlords who understand the rules, serve the correct notices, complete certificates of service properly, and maintain consistent records tend to move through the ORT process efficiently. Those who do not often find themselves restarting processes, losing months of rent, and learning costly lessons.
Strong outcomes at the ORT are built long before a hearing ever takes place. They are built through compliance, preparation, and attention to detail.