RTDRS – How to apply

Applications must be:

• made within 2 years from the date that a potential claim is discovered
• limited to claims of up to $50,000

The rental premises and the claims in the application must be covered by the Residential Tenancies Act (RTA) or the Mobile Home Sites Tenancies Act (MHSTA).

The definitions of landlord and tenant can be found in the Residential Tenancies Act or the Mobile Home Sites Tenancies Act.

See RTA Applicability to Accommodations (PDF, 486 KB) to see which types of housing are governed under the Residential Tenancies Act.

Section numbers in tip sheet are subject to change. Current as of April, 2017.

Landlords of a rental premises or mobile home site can apply for:

• unpaid rent and/or utilities
• ending the tenancy and possession of the premises
• compensation for losses due to an over-holding tenant (tenant has not vacated the premises at the end of the tenancy)
• other financial losses, known as ’damages’, resulting from the tenant’s breach of the rental agreement or contravention of the Act
• order for a non-tenant occupant to vacate the premises (individual is not listed as a tenant on the rental agreement)

Tenants of a rental premises or a mobile home site may apply for:

• return of security deposit
• ending the tenancy due to a landlord’s breach of the rental agreement
• financial losses, known as ’damages’, resulting from a landlord’s  breach of the rental agreement or contravention of the Act
• reduction of rent, known as an “abatement”, for being deprived of the benefit of a rental agreement
• compensation for performing the landlord’s obligations as outlined in the rental agreement

An applicant must also indicate that you:

• have not applied to a civil claims court in respect of the same matter
• are not aware of any application being filed in the courts with respect to this matter
• will notify RTDRS immediately if they become aware of any such application

Preparation is the key to a successful application. A well-prepared application is only the beginning of the process.

Once you file the application, you must serve notice of the hearing and of the application, including supporting evidence, on the respondent.  You must then attend the hearing and prove your claim to the Tenancy Dispute Officer, and then enforce the order.  This takes time and effort.

Before filing an application with the RTDRS, consider the following:

• Have you tried to resolve the matter directly with the other party?
• Do you have contact information for the respondent?
• Have you gathered all of the information and evidence to prove your claims against the other party? See our Evidence tip sheet for details.
• Does the respondent have income or assets that can be garnished or seized to satisfy a judgment?
• Have you contacted witnesses for statements and asked if they will attend the hearing?

When filing an application against your landlord or tenant, you must make sure that the name and spelling of the landlord or tenant is correct, as the order (if granted) will be issued against the exact name(s) you provide.

Individual landlord

When filing a claim against an individual landlord:

• use the full first and last name of each person you are filing the application against
• do not use initials, because initials do not sufficiently identify the person being claimed against
• if you are not sure who the owner of the property is or how to properly spell their name you can do a land title search on the rental premises address to find out who the owner of the property is; this can be done at any Alberta registry agent

Business

If you are filing an application against a business it is important to know whether the business is incorporated or unincorporated. An incorporated business usually has Limited, Ltd., Incorporated or Inc. after its name.

An incorporated business can only be claimed against in the name of the business. Put the full name of the business on the application form. Do a Corporation Search at a registry office to find out the exact name of an incorporated business.

Firms (partnerships of 2 or more people) and sole proprietorships are called unincorporated businesses. An unincorporated business must be claimed against in the name of the owner. Put the owner's full name and the name of the business on the application form.

To find out the owner(s) of an unincorporated business and the address of the owner, do a Trade Name Search at any Alberta Registry Agent or through SPIN 2, the Government of Alberta’s online portal.

There is a $75 filing fee at the time of your application.

• This can be paid by Debit, MasterCard, VISA, American Express, Cheque or Money Order. Cheques should be made payable to the “Government of Alberta”.
• The RTDRS does not accept cash.

If the filing fee is a financial difficulty, you may apply to the RTDRS to waive the fee.

You must provide 3 months’ proof of income, either as pay stubs or as a printout of your bank account.

Applicants may apply for a waiver of the filing fee by completing the RTDRS Fee Waiver Form (PDF, 98 KB) then submitting it to the RTDRS.

Landlord applications

• Landlord's Application for Termination of Tenancy and Unpaid Rent (PDF, 214 KB)
• Landlord's Application for Damages (PDF, 216 KB)
  • Review the RTDRS Damages Tip sheet

Tenant application

• Tenant’s Application (PDF, 213 KB)
  • Review the RTDRS Damages Tip sheet

An instruction sheet is attached to each application to help you fill out the form.

If you are including supporting evidence, read Step 2 below for details on how to properly prepare evidence.

Multiple remedies

A party may request relief for multiple remedies on one application form, provided:

• the issues are related, and
• it appears the same facts must be heard and considered by the RTDRS Tenancy Dispute Officer in adjudicating the matters in question

If the Officer determines in the hearing that one or more issues are not related, the Officer may:

• transfer the applicable issues to court
• dismiss the issues (with or without leave to re-apply), or
• order those portions of the application that are not related to be heard on different dates

Evidence is the legal word for things that are used to prove what happened during the tenancy. Evidence can be:

• documents, such as leases, agreements, termination notices, receipts, invoices and photographs
• audio and video recordings
• what you and your witness say in the hearing
• land titles searches, corporate registry searches

Evidence not accepted

The RTDRS does not accept:

• physical evidence such as insects, mould samples or weapons
  • instead you must submit photos with a written description
• evidence on an electronic device
  • electronic evidence must be printed, submitted on a USB drive or uploaded via the RTDRS eFiling Service

More information on evidence is available in the RTDRS Evidence tip sheet.

The Tenancy Dispute Officers adhere to the processes and procedures outlined in the RTDRS Rules of Practice and Procedure.

Organizing and marking your evidence

Detailed information on organizing your evidence is available in the Evidence tip sheet.

Making copies – application forms

You do not need to make copies of your application form. RTDRS will do that for you.

You can submit your application and evidence either in person or online.

In-person filing

Take your completed application form and evidence to the RTDRS office.

Hours: 9:30 am to 11:30 am, 1:30 pm to 3:30 pm (open Monday to Friday, closed statutory holidays)

Edmonton Office:
44 Capital Boulevard
Main Floor, 10044 108 Street NW
Edmonton, Alberta  T5J 3S7

Calgary Office:
Main Floor, Rocky Mountain Plaza
180, 615 Macleod Trail SE
Calgary, Alberta  T2G 4T8

Online filing

Create an account and apply online using the RTDRS eFiling Service.

Other methods of submitting your application

If you are submitting an application via fax to 780-644-2266 or mailing an application to an RTDRS office, you must include a cheque for the filing fee ($75) along with your application to avoid processing delays. Cheques made payable to the Government of Alberta can be mailed to any RTDRS office:

Edmonton Office:
44 Capital Boulevard
Main Floor, 10044 108 Street NW
Edmonton, Alberta  T5J 3S7

Calgary Office:
Main Floor, Rocky Mountain Plaza
180, 615 Macleod Trail SE
Calgary, Alberta  T2G 4T8

In person

After you apply, an Information Officer will give you the filed Application Package.

The Application Package includes:

• the application form
• the documented evidence
• a Notice of Hearing form, which includes the date and time of the hearing

Online

You will receive 2 emails from the RTDRS once your application has been processed.

The first email will include your filed application package (application form, documented evidence and the Notice of Hearing). Make a copy of the entire filed Application Package for each respondent named in the Notice of Hearing form and serve each one with a copy.

The second email that you will receive will include the Declaration of Service. This form must be completed by the person who serves the application package on the respondent. You may submit the Declaration of Service form online via the RTDRS eFiling Service.

‘Serve’ is the legal word for delivering a legal notice to another party.

You must make a copy of the Application Package for each respondent named and serve it on each respondent at least 3 clear days before the hearing date. The 3 clear days do not include:

• date of service
• date of hearing
• weekends
• holidays

For example, if your hearing is scheduled for Tuesday, service must be completed no later than the previous Wednesday.

See the Document Service Tip Sheet for detailed information on how to serve an RTDRS Application Package.

The only methods of service accepted by the RTDRS are listed below. Ultimately, the Tenancy Dispute Officer decides whether or not the service requirements have been met.

Landlords can serve documents in one of the following ways:

By email

You can serve documents by email as long as:

• the parties have previously communicated by email, or previously agreed to communicate by email, and
• you can demonstrate to the Tenancy Dispute Officer that the email was delivered, such as with a reply, a read receipt or verifying software

Personal service

You can serve the tenants or non-tenant occupants by giving the Application Package to them personally.

You must make several attempts to serve the Application Package. The service attempts should be on different days and at different times throughout the days (morning, afternoon and evenings, if necessary).

Keep a note of the dates, times and locations that you attempted to serve the Application Package. You will need this when filling out the Declaration of Service by Landlord form (PDF, 144 KB). If you are unable to serve the tenant personally at the rental premises you can serve them personally at any location.

By registered mail

You can serve the Application Package on the tenants or non-tenant occupants by registered mail.

Send it to the rental premises address. Keep all receipts and tracking numbers.

Service is completed on the date the respondent signs for the registered mail. You will need all of this information when filling out the Declaration of Service by Landlord form (PDF, 144 KB).

To an adult or posted in plain sight

If you have been unsuccessful in serving the tenant(s) and believe, based on available information, that the tenant(s) is:

• evading service and/or
• temporarily absent from the premises, you may:
  • serve an adult (18 years or older) who appears to live with the tenant, or
  • post the application package(s) in plain sight on the rental premises, usually on the door used most often by the tenant(s). You must post a copy of the application package for each tenant named as a respondent.

At the registered office address

If the tenant is a corporation, you can serve the Application Package at the registered office address as shown on a corporate registration search.

Contact the RTDRS for more ways to serve a corporation.

Tenants can serve documents in one of the following ways:

By email

You can serve documents by email as long as:

• the parties have previously communicated by email, previously agreed to communicate by email, and
• you can demonstrate to the Tenancy Dispute Officer that the email was delivered, such as with a reply, a read receipt or verifying software

Personal service

You can serve the Application Package on the landlord by giving it to them personally at any location.

By registered mail

You can serve the landlord by registered mail at:

• the address where you pay rent
• the address in the Notice of Landlord that was given to you by the landlord
• the address in the Notice of Landlord posted at the rental premises by the landlord

Keep all receipts and tracking numbers.

Service is completed on the date the landlord signs for the registered mail. You will need all of this information when filling out the Declaration of Service by Tenant form (PDF, 140 KB).

At the registered office address

If the landlord is a corporation, you can serve the Application Package at the registered office address as shown on a corporate registration search.

Contact RTDRS for more ways to serve a corporation.

If you have been served with an RTDRS Application package you must be available to attend the hearing on the date and time indicated on the Notice of Hearing form. It is your responsibility to ensure that the RTDRS has your most up-to-date telephone number. Contact the RTDRS office to provide a telephone number that you can be reached at for your hearing.

Alternatively, you may have a representative attend on your behalf. You must ensure that the RTDRS has the correct telephone number for the representative. If you or your representative do not attend, the hearing may proceed in your absence and an order may be issued against you. This order may have serious consequences for you.

You can defend yourself in one of 3 ways:

1. Provide evidence in defence of the application.
2. Provide evidence in defence of the application and file a counter-application.
3. Provide evidence in defence of the application and file an application at a later date.

Only claims in the application before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application, not just defence evidence.

Provide evidence in defence of the application

If you:

• have been served with an RTDRS application, and
• do not agree with the claims in the application

you should prepare to defend yourself at the RTDRS hearing.

If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.

You can submit the defence evidence in-person, by mail or online.

Allow at least one full business day for processing before expecting documents or evidence submitted to appear on the RTDRS case file.

Submit your defence evidence online with a RTDRS eFiling Service account. Please contact the RTDRS toll-free in Alberta by dialing 310-0000, then 403-297-2861 (Calgary) or 780-644-4330 (Edmonton), for the access code that you will require to verify your account.

Provide evidence in defence of the application and file a counter-application

If you:

• believe you have a claim against the party that filed an application against you, and
• are seeking compensation

you must file a counter-application before the hearing date.

Only claims in the application(s) before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application.

The Tenancy Dispute Officer will hear the application and counter-application in one of these ways:

• together on the hearing date of the original application
• together at a later date (the original hearing date will be adjourned to another date so that both applications can be heard at the same time)
• separately, on different dates

The decision will depend on many factors, such as:

• service requirements
• time needed for the hearing
• if the same evidence and witnesses are needed for both applications

Provide evidence in defence of the application and file an application at a later date

If you:

• have been served with an RTDRS application
• you want to defend yourself against the claim, and
• you have a claim against the applicant

you can have the application heard on the hearing date and file your own application at a later date. Applications must be made within 2 years from the date that a potential claim is discovered.

If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.

Allow at least one full business day for processing before expecting documents or evidence submitted to appear on the RTDRS case file.

If the tenant no longer lives at the residential premises, posting documents on the premises is not considered proper service. You may still serve the tenant in person at any location.

Alternatively, you can attempt service by registered mail to the tenant at a different residence address, as long as the tenant signs for the registered mail, acknowledging it has been received. The Tenancy Dispute Officer does not have the authority to force a party to provide a physical address.

You should make several personal service attempts on different days and times (mornings, afternoons and evenings). You must prove to the Tenancy Dispute Officer that your service attempts were made practically with sincere intentions.

Substitutional service

If you have not been successful after several reasonable attempts to serve the respondent(s), you may apply to the RTDRS to serve the documents in another way. This is called substitutional service.

You must complete a Declaration in Support of Substitutional Service (PDF, 133 KB) form in which you list your attempts at service, request approval to serve another way and explain why you believe the other way will be effective. A Tenancy Dispute Officer will review the request and make a decision.

The form is also available at the RTDRS offices in Edmonton and Calgary. To submit the request online, log into your RTDRS eFiling Service account. An Information Officer will contact you once your request has been reviewed by a Tenancy Dispute Officer.

Normally, a hearing needs to be scheduled to allow for a notice period of 3 clear days to take place. However, in extreme situations such as cases of significant damage to the rental premises, assault or threat of assault, a landlord may apply to reduce the notice period to the tenant/respondent. This is called ‘abridgement of service.’

Only the most serious cases will be accepted.

To apply for this, you must:

1. Fill out a Declaration in Support of Abridgement of Service (PDF, 153 KB)
   • include evidence to support your request
2. Submit the form in person or online through your RTDRS eFiling Service account.

The Tenancy Dispute Officer will review the request and make a decision.

Contact us if you have any questions.

After you have served the Application Package on the respondent, you will have to:

1. Fill out the appropriate Declaration of Service form
   • Landlords must fill out the Declaration of Service by Landlord form (PDF, 144 KB).
   • Tenants must fill out the Declaration of Service by Tenant form (PDF, 140 KB).
   • If you used a process server to serve the documents, they must fill out the form.
   • If the Application Package was served by registered mail, you must provide the RTDRS the postal receipt with the tracking number and the Signature for Certificate of Delivery Confirmation document (which you can get through a Canada Post office or their website).
2. File the Declaration of Service form with RTDRS
   • You can file the forms before or on the day of the hearing.
   • You can file in-person or online through your RTDRS eFiling Service account.

Applicants can submit additional evidence not included in their original application. They must serve it on the RTDRS and the respondent at least 24 hours  in advance of the hearing. Evidence must be submitted in-person, by mail or online through your RTDRS eFiling Service account.

If you do not serve your defence or additional evidence to the other party and the RTDRS at least 24 hours prior to the hearing, your evidence may not be accepted. Alternatively, the matter may be adjourned to a different date to allow everyone to review the evidence.

Allow at least one full business day for processing before expecting documents or evidence submitted to appear on the RTDRS case file.

If you have resolved your claim before the hearing, there are a couple of options:

1. The applicant may withdraw their application by sending the RTDRS a Notice of Withdrawal (PDF, 105 KB) form. You should also advise the respondent that you have done this.
2. The applicant can choose to continue the process. The applicant and respondent may attend the hearing and tell the Tenancy Dispute Officer at the beginning of the hearing that they have resolved the dispute.

The RTDRS does not refund fees for withdrawn matters.

If the resolution is acceptable to the Tenancy Dispute Officer, they may issue a Consent Order. This order documents the agreement and is signed by the applicant and respondent. It also outlines next steps if the agreement is not kept, so that the applicant and respondent do not have to make another application or attend another hearing.