Served With an RTDRS Application in Alberta? What a Respondent Should Do

Served with an RTDRS application in Alberta? Note the hearing date on the Notice of Telephone Hearing, give the Residential Tenancy Dispute Resolution Service a phone number it can reach you at, and send your evidence to both the RTDRS and the applicant at least 24 hours before the hearing. If neither you nor a representative attends, an order can be made against you.

New to the tribunal? Start with RTDRS explained.

What do you need to respond to an RTDRS application?

• the package you were served: the application, the applicant's evidence and the Notice of Telephone Hearing with your case number;
• your records: lease, inspection reports, receipts, invoices, photos and messages;
• phone numbers for witnesses with first-hand knowledge;
• the RTDRS Evidence Tip Sheet and the Evidence Table of Contents form on the RTDRS forms page.

How do you respond to an RTDRS application in Alberta?

These steps follow the RTDRS page If you have been served with an RTDRS application:

1. Read the claims. Only claims in the application will be heard.
2. Confirm your phone number. Every hearing is by telephone. Call 403-297-8550 (messages only) with your case number, full name and number. The call may show as "Unknown" or "RTDRS", so switch off call blocking.
3. Get online access. Call 403-297-2861 (Calgary) or 780-644-4330 (Edmonton) for the code that opens your case in the RTDRS eFiling Service.
4. Serve your defence evidence on the RTDRS and the applicant at least 24 hours before the hearing. Late evidence may be refused.
5. Decide whether you have your own claim. Defence evidence cannot win you money. To claim a deposit, damages or rent, file your own application within 2 years of discovering the claim, and file and serve it before the hearing date if you want both heard together. See RTDRS filing fees.
6. Be available from the start time and for 90 minutes after.

What helps a respondent at the hearing?

• Settle if you can. A Tenancy Dispute Officer may offer the parties a chance to settle and record it as an order (RTDRS Regulation, AR 98/2006, s.9).
• Bring the person who saw it. The RTDRS notes the best evidence comes from people with first-hand knowledge.

What if something goes wrong?

• You missed the hearing. An officer may set aside or vary an order made without notice, or after a hearing missed through accident, mistake or insufficient notice. Ask within 20 days on the RTDRS Request Form (AR 98/2006 s.19.1).
• You cannot attend. Send a representative or have someone ask for an adjournment. If the other side objects, the hearing starts on time.
• You think the officer got the law wrong. An appeal to the Court of King's Bench is limited to law or jurisdiction and must be filed within 30 days after the order is filed (s.23). See also RTDRS or court?

Frequently asked questions

Can I ignore an RTDRS application I think is wrong?

No. The hearing goes ahead at the listed time, and an order can be issued in your absence. Calling in is the only way your side is heard.

Can I be evicted the day after the hearing?

An RTDRS order takes effect only once it is filed with the Court of King's Bench and served (AR 98/2006 s.22(2)). Only a civil enforcement agency can remove an occupant, under an order for possession (Residential Tenancies Act s.34.1).

Can the hearing be held in person?

Only if the other party consents and you ask the officer at the telephone hearing; the hearing is then adjourned to a date at the Edmonton or Calgary office.

Can the applicant drop the claim?

Yes. An applicant can withdraw before the hearing starts with a Notice of Withdrawal, and you may then apply for costs within 30 days (AR 98/2006 s.6).