You have had the unpleasant experience of renting to a tenant who has breached the terms of the lease agreement by failing to pay rent or by breaching other terms of the agreement (smoking, partying, etc.) or as a tenant, you have been subjected to the unreasonable demands of a landlord or to the refusal of a landlord to fulfill his/her/its obligations under the Residential Tenancies Act.
Now what? The task can seem daunting and time-consuming when it comes in the case of a landlord, to recovery of rent, recovery of the premises, or recovery for damages incurred by the tenant to your rental premises or in the case of a tenant, to return of your security deposit, rent abatement, etc.
This is where our civil court agency services step in and take the stress and load off of you. Problems can arise for both landlords and tenants that are frustrating, costly, and emotionally taxing. Numerous complaints and disputes are inevitable due to the number of people renting residential properties.
What Is Residential Tenancy Dispute Resolution Service (RTDRS)?
The RTDRS is an alternative method of litigation for resolving landlord-tenant disputes. Either party can apply under the Residential Tenancies Act for relief and enforcement. The RTDRS offers a faster and more affordable method for resolving landlord-tenant disputes while the Tenancy Officers have the judicial authority to grant legally binding orders which can be enforced through such means as civil enforcement or judgment enforcement.
RTDRS resolves matters through recorded telephone hearings. The Tenancy Officer reviews the application, assesses the evidence, listens to both parties and then grants a judicially binding order pursuant to the Residential Tenancies Act. A Tenancy Officer may deliver a judicially binding order at the hearing’s conclusion or may reserve a decision, providing a written reasons within 30 days.
Who Qualifies for RTDRS?
Claims of up to $100,000 made within two years of the date the claim arose can be heard through the RTDRS. Any amounts over $100,000.00 are forfeited should the claim be made through the RTDRS.
What Is the Cost?
The application fee is $75. Some low-income individuals may qualify for a fee waiver or reduction.
The RTDRS Hearing Process
On receiving an application from either a tenant or landlord, the RTDRS files the application, setting a date for a telephone hearing. The applicant is responsible for serving the documents on each respondent, which includes the notice of hearing, application, evidence, and any additional information provided by RTDRS (the Application). On being served with the Application, the respondent may file a response and evidence to the claim and can also file a counter-application against the applicant, following the same process and paying the same fees. Typically, if a counter application is filed, the hearing date will be changed to allow for both applications to be heard at the same time by the same Tenancy Officer. If an application has already been made to the Court for the same matter or if it has been heard before, the RTDRS will refuse to hear it.
Enlisting AzPerLegal Services Inc.
The Tenancy Dispute Officer’s decision has the same authority as a justice of the Alberta Court of Justice so it is important that the Application be carefully prepared with evidence to support the claims made. AzPerLegal Services Inc. provides civil court agency services and accordingly, can act as agent for a party wishing to bring an application through the RTDRS and having to respond to an application brought against them. We have considerable experience with the RTDRS and can provide agency representation to you from start to finish, namely, from preparing, filing and serving the Application (including evidence) to appearing on your behalf at the RTDRS hearing.
Navigating landlord and tenant disputes can be challenging and stressful, but AzPerLegal is here to help. Our expert team is dedicated to providing comprehensive support and guidance through the RTDRS process. Our indepth knowledge and experience ensure that your case is handled professionally and efficiently, giving you peace of mind and the best possible outcome.
Don’t let disputes disrupt your life, whether you’re a landlord or a tenant. Contact AzPerLegal today to learn more about our landlord-tenant dispute services in Calgary and how we can assist you in resolving your issues quickly and effectively. Let us help you achieve a fair resolution and protect your rights.
