Alberta Government Seeks To Offer Dispute Resolution Procedures for Landlords and Tenants of Mobile Home Sites
Recent changes to the Mobile Home Sites Tenancies Act have made it possible for landlords and tenants of mobile home sites to access the government of Alberta's Residential Tenancy Dispute Resolution Service (RTDRS) for help with a number of residential tenancy-related disputes. If you require legal assistance with a matter similar to this - contact our law firm to book a consultation with a member of our legal team.
What is the Residential Tenancy Dispute Resolution Service (RTDRS)?
The RTDRS is a government service that provides a quicker, more affordable mechanism for resolving disputes between residential landlords and tenants than is possible through the court system. It was created in 2005 to hear claims under the Residential Tenancies Act. The jurisdiction of the RTDRS was expanded in May 2020 to enable it to hear applications brought under the Mobile Home Sites Tenancies Act as well.
What types of Disputes will the RTDRS hear?
The RTDRS can resolve a number of claims arising under the Mobile Home Sites Tenancies Act.A tenant of a mobile home site can apply for:
- the return of a security deposit
- an order ending the tenancy
- a reduction of rent in certain circumstances
- compensation for performing duties that the landlord promised to perform as part of the rental agreement.
A landlord of a mobile home site can apply to the RTDRS for:
- an order involving unpaid rent
- an order ending the tenancy and permitting the landlord to take possession of the mobile home site or requiring the tenant to vacate the mobile home site.
Either a landlord or a tenant can apply to the RTDRS for financial compensation for damages caused by the breach of a rental agreement.
Are you eligible to apply?
The RTDRS accepts applications dealing with claims valued up to $50,000. An application can be filed by either a landlord or a tenant of a mobile home site or a representative authorized by either a landlord or a tenant. An application must be filed within two years of the date the claim is discovered by the applicant.
If your claim is valued at over $50,000 or deals with an issue outside the jurisdiction of the RTDRS, such as specific repair orders, you still have the option of filing your application with the courts. There are however nuances to this, so we recommend you consult with a lawyer to go over your case.
What does the dispute resolution process look like?
Once an application is filed with the RTDRS, the applicant must serve a copy on the other party. The RTDRS then schedules a hearing in front of a Tenancy Dispute Officer, who issues an order that can be enforced in a court.
The fees are lower than the fees for filing a claim in court and the process relieves some burden on the court system by keeping many residential tenancy disputes out of the courts. The RTDRS is also less formal than the court system, which some people find less stressful.
Contact our Edmonton Real Estate Lawyers For Legal Assistance
No matter whether you are a landlord or a tenant, a qualified Edmonton real estate lawyer can help you determine if your dispute can be dealt with by the RTDRS and ensure that you get the resolution you deserve. Making an appointment is easy. Contact our law firm today to book a consultation with one of our Edmonton real estate lawyers today.
Disclaimer: Please note this article is intended to act as a general overview on a legal topic and does not constitute legal advice. For legal advice please consult with a lawyer.