How to start an Alberta rental dispute

Before filing

1. Confirm whether the Residential Tenancies Act or Mobile Home Sites Tenancies Act applies and whether the claim falls under RTDRS jurisdiction.
2. Identify the correct legal names of landlord and tenant; spelling on any judgment matters.
3. Check the general two-year time limit from discovery of a potential claim and the $100,000 monetary limit.
4. Collect the lease, payment record, notices, dated photos, communications and a claim summary.

Choose an application

• Tenant application for deposit returns, losses or rent abatement.
• Landlord termination and unpaid rent when the tenant remains in the property.
• Landlord damages for appropriate post-tenancy financial claims.

Fees and filing channels

The current RTDRS schedule lists $75 for claims or counterclaims up to $7,500, $150 for ordinary claims over $7,500, and $100 for a counterclaim over $7,500 if there is already an active RTDRS application between the same parties. Applicants with financial hardship may request a waiver with the official form and three months of income records. Check the fee-waiver guide before relying on a request.

Alberta accepts applications through its eFiling portal, by fax or by mail, but says there is no in-person application counter. An eFiling submission is only the beginning: the filed application package still has to be served on the other side.

From filed application to hearing notice

1. Upload the appropriate application and evidence or send them through another accepted method. Check that respondent names are spelled correctly; an order will use those names.
2. After processing, RTDRS sends the filed package and Notice of Telephone Hearing. It also provides the applicable Declaration of Service.
3. Serve every respondent a complete copy at least three clear days before the hearing, excluding the day of service, the hearing day, weekends and holidays. The permitted delivery methods differ for tenants and landlords.
4. Submit the declaration and proof of delivery. Keep your own copies and be prepared to prove the claim at the hearing.

Related disputes may sometimes be combined on one application when they arise from the same facts. Unrelated remedies may be separated or dismissed; list each requested order and amount clearly.

Example: choosing the right form

A tenant seeks the return of a $1,100 security deposit and has a signed move-out inspection, deposit receipt and email requests for repayment. They would start with the tenant application, identify the deposit and supporting proof, and then follow the filed-package service instructions. A landlord pursuing possession for unpaid rent while a tenant still occupies the unit generally uses the termination and unpaid-rent application. Neither party should assume that submitting the form guarantees the requested order.

Then complete the sequence

1. File through the government RTDRS eFiling portal or its allowed fax/mail alternatives. Alberta says in-person applications are no longer offered.
2. Pay the relevant filing fee or seek a fee waiver; do not guess the fee if the route is unusual.
3. Serve each respondent with the complete RTDRS application package, hearing notice and evidence by an allowed method.
4. Submit declaration of service, exchange any additional evidence within required times, and attend the hearing.
5. Read the order carefully. Service or court registration may be needed for enforcement.