In Alberta, landlord/tenant disputes is governed by the Residential Tenancies Act. Landlord/tenant disputes can be heard by the Residential Tenancy Dispute Resolution Service (the RTDRS) or at the Alberta Court of Justice, Civil Division.
The RTDRS was established to hear and resolve disputes between landlords and tenants and the
idea behind the RTDRS is to hear and render a legally binding decision in these matters in a much less formal environment. The Tenancy Dispute Officers of the RTDRS have the legal authority to render decisions in landlord and tenant matters which are enforceable at the Court of King’s Bench.
Landlord and tenant disputes can also be heard at the Alberta Court of Justice by a Judge of the Alberta Court of Justice, Civil Division. This is a more formal environment and sometimes can take longer to hear depending on how busy the Court schedule is. The benefit, however, is that a Judge of the Alberta Court of Justice has more authority and leeway in granting a decision. As with the RTDRS decision, a decision of the Alberta Court of Justice is enforceable at the Court of King’s Bench.
The purpose of a hearing with the RTDRS is to enable the Tenancy Dispute Officer to hear and assess the evidence provided by both parties and to allow both sides to explain their respective positions.
You will be asked questions and be required to provide clarification by the Tenancy Dispute Officer as well. Once the Tenancy Dispute Officer is satisfied that he/she has heard enough evidence and testimony, he/she will render a decision that is binding and enforceable, as noted above, at the Court level.
AzPerLegal will assist you, as a landlord or a tenant, to file an application with the RTDRS. We will meet with you, discuss your situation and assist you with providing all evidence in support of your claim. We will prepare, file and serve the application documents and will appear with you at the hearing of your application. While your attendance is mandatory at the hearing, AzPerLegal will act as your agent presenting your case and evidence. In the course of preparing your claim, we will use our expertise and knowledge to ensure that your claim is presented in a manner acceptable and convincing to the Tenancy Dispute Officer.
As each situation is unique, we welcome your call at any time to discuss any questions you may have. It is our goal to make this process as seamless and efficient as possible.
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