Tenant Damage or Filth in a Saskatchewan Rental

The Residential Tenancies Act, 2006 puts duties on the tenant. Section 49(5) says a tenant must maintain reasonable health, cleanliness and sanitary standards throughout the rental unit. Section 49(6) says a tenant must repair damage caused by their own actions or neglect, or by a person they allowed on the property. Section 49(7) says the tenant does not have to repair reasonable wear and tear.

A point on terms: no Saskatchewan statute, regulation or Office of Residential Tenancies (ORT) page reviewed for this guide mentions hoarding or clutter by name. The rules below apply to the condition of the unit and the damage, whatever the cause. They do not depend on a label.

Your routes, in the order most landlords use them: inspect with proper notice, document the problem, ask the tenant in writing to fix it, then either serve a s.58 notice or apply to the ORT. Related reading: repairs and maintenance in Saskatchewan and what to do if a tenant damages property.

The government's Requesting Repairs page states the same duties: tenants must maintain reasonable health, cleanliness and sanitary conditions of the rental premises. It adds that a tenant with exclusive use of the property must also keep the outside reasonably clean.

The line that matters is between damage and wear and tear. Normal aging of carpet or paint is wear and tear. Holes, broken fixtures, or a unit left in a state that causes damage are different, because s.49(6) makes the tenant responsible for damage from their actions or neglect. The sources reviewed do not set a checklist for where one ends and the other begins, so record dates and take photos.

At move-out, section 51 requires the tenant to leave the unit reasonably clean and undamaged, except for reasonable wear and tear, and to return all keys.

You may enter an occupied unit to inspect only in the ways the Act allows (s.45). We did not find a stated limit on how often you may inspect, and the entry rules in s.45 apply each time. Either of these works:

1. The tenant's permission, given up to 7 days before the entry or at the time of entry.
2. Written notice given at least 24 hours and not more than 7 days before the entry. It must state a reasonable purpose and the date and time. You must state an entry window of no more than four hours that falls between 8 a.m. and 8 p.m., unless the tenant agrees otherwise.

Approved notice of entry forms are on the ORT online portal under New Notice, according to the Landlord's Right to Enter page. Other lawful entries are an ORT order authorising entry, apparent abandonment, and an emergency where entry is needed to protect life or property.

If the tenant improperly denies access, that is itself a ground to end the tenancy by notice (s.58(1)(p)). See when a tenant refuses entry in Saskatchewan and landlord entry in Saskatchewan.

Section 58 lists several grounds that can fit a badly damaged or poorly kept unit:

• The tenant does not repair damage within a reasonable time, as section 49 requires (s.58(1)(g)).
• Extraordinary damage to the residential property (s.58(1)(f)).
• Putting the landlord's property at significant risk (s.58(1)(d)(iii)).
• Seriously jeopardising the health or safety of others (s.58(1)(d)(ii)).
• Breach of a material provision that is not remedied within a reasonable time after written notice (s.58(1)(h)).

The sources reviewed do not say whether the ORT treats a particular condition as extraordinary damage or a health or safety jeopardy. No ORT guidance on that was found, so do not assume your case fits a ground. Decisions on specific facts are for the ORT.

The process is the same for these grounds. You must first give the tenant a reasonable period to remedy what can be remedied (s.58(2)). The notice must end the tenancy no earlier than one month after the tenant receives it, and the tenant has 15 days to dispute it in writing (s.58(3), (5)). If they dispute it, you apply to the ORT and carry the onus. The notice form is described in the ORT forms and documents list as the one calendar month notice to vacate for cause, formerly Form 8.

No provincial rule on a landlord's repair order to a tenant was found. The route is a notice with a remedy period, or an ORT application.

Instead of, or alongside, a notice, you can apply to the ORT under section 70. A hearing officer may order a person to stop contravening the Act and comply, order payment of damages, and make any other order that is just and equitable (s.70(6)). The application fee is $50 and is not refundable. A monetary claim may not exceed $30,000 under the Regulations.

You must also try to limit your loss. Section 8 says a landlord who claims compensation must do whatever is reasonable to minimise the damage or loss. Prompt inspection and prompt repair help show that you did. For the hearing itself, see can a landlord sue a tenant for damages.

The government page says a landlord cannot automatically charge for cleaning in a tenancy agreement. Cleaning costs, damages and arrears can be claimed against the security deposit within seven business days of the tenancy ending, or by a monetary application, or both. Under section 32(1), you have seven business days to return the deposit or give notice that you intend to keep part of it, and you then hold it in trust for 30 days. The ORT forms list includes a Notice of Landlord's Claim for Security Deposits.

Photos and a move-in report make a deposit claim much easier to support. See security deposits in Saskatchewan for the full process.

Some cities have their own property standards. These apply only inside that city. They are not provincial rules. The only one reviewed for this guide is the City of Saskatoon's property maintenance bylaw. It requires an occupant to keep the part of a property they occupy or control clean and sanitary and free of rubbish that could be a fire, health or safety hazard. An inspector can issue a written order to the owner or occupant, which can be appealed to the Saskatoon Appeal Board, and the bylaw also makes owners responsible unless it says otherwise. Rules in other cities, including Regina, were not reviewed, so check with your city.

The Act separately lets a landlord end a tenancy if the unit must be vacated to comply with an order of a statutory authority or a municipal bylaw (s.58(1)(k)).

The Saskatchewan Health Authority's Safe Rental Housing page says public health inspectors may investigate certain rental housing conditions on a complaint basis, such as rodent or insect infestation and extensive mould. It says they do not assist with non-health concerns like cosmetic updating. The page does not mention clutter, so ask your local public health inspector whether your situation is something they can look at.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.