A tenant or a landlord can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) if they are unable to resolve concerns related to:
- the termination of a residential tenancy agreement
- unpaid rent or utilities
- security deposits
- other common disagreements
A residential landlord or their tenant can apply for remedies within 2 years from the date the claim or loss first came to the applicant’s attention, provided the claim is under $100,000 (the maximum monetary limit for RTDRS applications was raised from $50,000 to $100,000, effective August 1, 2023).
Before you apply
Tenants and landlords should try to resolve disputes before applying.
Before filing an application with 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?
- 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 participate in a hearing?
How RTDRS works
You will need to:
- file an application
- serve the other party with legal documents
- participate in a telephone hearing, and
- enforce decisions in the order
This will take time and sincere effort on your part.
This flow chart outlines a summary of procedures involved after filing an application for a hearing.
Types of claims
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 can 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 for loss of benefit of a rental agreement
- compensation for performing the landlord’s obligations as outlined in the rental agreement
As of August 1, 2023, the RTDRS is limited to awards of $100,000 maximum. An applicant is prohibited from separating a claim that exceeds $100,000 into smaller claims.
If your claim is for more than the limit of $100,000 you can choose to drop the extra amount, referred to as abandonment, or choose to sue for the full amount in the Court of King's Bench. For more information, contact the Court of King’s Bench.
Legislation and regulations
Mobile Home Sites Tenancies Act (MHSTA)