What to Do When a Tenant Is Not Paying Rent or Their Security Deposit (Saskatchewan ORT Rules)
When a tenant falls behind on payments, many landlords assume the solution is always the same: issue a notice for unpaid rent and move forward. In Saskatchewan, this is one of the most common and costly misunderstandings. Rent arrears and unpaid security deposits are treated as two completely different legal issues by the Office of Residential Tenancies (ORT), and using the wrong process can delay your case or cause it to be dismissed altogether.
Understanding this distinction from the start is one of the most important steps a landlord can take when dealing with non-payment.
Rent Arrears vs. Security Deposit Arrears
Unpaid rent refers to monthly rent that is outstanding. An unpaid or partially paid security deposit, on the other hand, is considered a breach of the tenancy agreement. While both involve money owed, they follow different legal paths and require different notices.
This distinction matters because serving the wrong notice — even if the tenant clearly owes money — can invalidate your application and force you to restart the process.
Security Deposit Rules in Saskatchewan
Under Saskatchewan law, a security deposit cannot exceed one month’s rent and must be paid in full within 60 days from the start of the tenancy.
If the tenant fails to pay the full amount within that timeframe, the situation is not treated as rent arrears. Instead, it is a breach of the lease agreement. The proper response is to serve a Notice to Vacate for Cause, not a Notice of Arrears.
This is a frequent point of confusion for landlords, and one that often leads to unnecessary delays at ORT hearings.
How Rent Arrears Are Actually Assessed
Late rent does not automatically qualify as enforceable arrears under ORT standards. Even if rent is due on the first of the month, the ORT generally considers rent to be actionable only once it is at least 15 days overdue and still unpaid as of the 15th day.
A tenant who consistently pays late may be frustrating to deal with, but unless the rent meets the arrears threshold at the time notice is served, the ORT may not rule in the landlord’s favour. Timing, accuracy, and documentation are critical.
The Risk of Accepting Partial Payments
Partial payments introduce another layer of complexity. While it may feel practical to accept whatever amount a tenant can provide, doing so can reset the arrears timeline and weaken your ability to proceed with enforcement.
In some cases, accepting partial rent can delay your claim by restarting the 15-day period. This does not mean partial payments should never be accepted, but they should be carefully considered and clearly documented so they do not unintentionally undermine your case.
Utility Arrears Must Be Handled Separately
Utility charges are not automatically treated the same as rent. They cannot simply be added to rent arrears and enforced immediately.
To pursue utility arrears, landlords must first provide written notice to the tenant and allow a 15-day period to pass. Only after this waiting period can the amount be included in a formal claim. Skipping this step can result in that portion of the claim being rejected.
Serving Documents Correctly Matters More Than Most People Realize
Even when landlords follow the correct notice process, cases are frequently delayed because of improper service.
Every notice served must be accompanied by a completed Certificate of Service, which records how, when, and to whom the document was delivered. This certificate is not optional — it is the ORT’s proof that service was done correctly.
Missing or incomplete certificates are one of the most common technical reasons hearings are postponed or restarted.
Special Rules for Email, Text, and Social Media Service
Electronic service is permitted, but only under strict conditions. The ORT requires proof that the tenant previously communicated with you through the same method and that you can show how you obtained their contact information.
If you cannot demonstrate a prior communication history through that channel, the ORT may rule that the notice was not properly served. When that happens, the process must begin again from the start, often costing landlords weeks of time and additional lost rent.
Why Documentation Wins ORT Hearings
Strong ORT cases are built on clean, consistent records. This includes a compliant lease agreement, correct legal names, accurate property addresses, clear rent amounts, and a rental ledger showing when rent was owed and when payments — including partial payments — were made.
When documents align clearly and consistently, hearings tend to move faster and with fewer complications. When they do not, even valid claims can become difficult to enforce.
Using the ORT Portal
Landlords are strongly encouraged to create an account on the ORT website and use their official forms and templates. The ORT places heavy emphasis on precision, and small inconsistencies in names, dates, or amounts can cause significant delays.
Final Thoughts
Non-payment issues are rarely resolved by emotion or pressure. They are resolved through process, documentation, and compliance.
Understanding the legal difference between rent arrears and security deposit breaches, serving the correct notices, completing certificates of service properly, and maintaining accurate records are what protect landlords and keep cases moving forward efficiently.
Handled correctly, these situations can be resolved in an orderly and enforceable way. Handled incorrectly, they often become expensive lessons.