Alberta Landlord Compliance Orders: Real Case Examples for Tenants

Understanding your rights as a tenant in Alberta is crucial, especially when landlords fail to meet their legal obligations. Landlord-compliance orders are official decisions that require landlords to fix problems such as neglected repairs, unsafe living conditions, or unlawful deductions. This article uses examples from real Alberta cases to show how tenants like you can use compliance orders to protect your rights and ensure safe, fair housing.

What Is a Landlord Compliance Order in Alberta?

A landlord-compliance order is a legal command requiring a landlord to correct a specific issue, as decided by the Residential Tenancy Dispute Resolution Service (RTDRS) or Alberta courts. These orders are most commonly used to resolve problems such as:

• Failure to complete necessary repairs (e.g., heating, plumbing, or pest control)
• Returning security deposits late or unlawfully keeping deductions
• Not providing a safe or healthy environment

The main legislation for Alberta rentals is the Residential Tenancies Act (Alberta)^[1].

Common Case Studies: How Compliance Orders Are Used

Here are real-life situations where tenants successfully obtained compliance orders against landlords:

1. Unresolved Emergency Repairs

Scenario: A tenant reported a broken furnace in winter. The landlord failed to repair it after repeated requests.

• The tenant filed an RTDRS application for a compliance order.
• The RTDRS ordered the landlord to fix the furnace within a specific timeframe.

Tip: If your landlord ignores urgent repairs, apply for a compliance order immediately using the official form.

2. Withholding Security Deposits

Scenario: After moving out, a tenant’s deposit was not returned within 10 days nor given with proper written explanation.

• The tenant applied to the RTDRS, and the landlord was ordered to return the deposit plus interest.
• If this situation sounds familiar, learn more in Understanding Rental Deposits: What Tenants Need to Know.

3. Dealing with Health and Safety Hazards

Scenario: Persistent mould and poor ventilation affected a tenant’s health, and the landlord did not act.

• The tenant documented issues and applied for a compliance order.
• The RTDRS instructed the landlord to fix the ventilation and hire professional cleaning.
• For related info on your right to a safe home, visit Health and Safety Issues Every Tenant Should Know When Renting.

Filing for a Compliance Order: Forms and Process

Alberta tenants use the Residential Tenancy Dispute Resolution Service (RTDRS) to file for compliance orders. The main form is:

• Application for Dispute Resolution (RTDRS Form): Used when asking the RTDRS to order a landlord to meet their legal obligations.
  Download from the Alberta Government

When to use: File this form if your landlord is not making repairs, returning your deposit, or following tenancy law.

Example: You have sent written repair requests and given your landlord a reasonable time but nothing has happened. You submit the RTDRS Form online or in person to ask for a formal order.

Action Steps for Tenants

• Gather evidence (e.g., emails, texts, photos of the issue)
• Fill out the RTDRS Application, stating the problem and what solution you want
• Pay the required fee (ask the RTDRS about waivers if you have low income)
• Attend your RTDRS hearing – be ready to show your evidence
• If successful, your landlord will be legally required to comply with the order

For a full explanation of landlord and tenant roles, check out Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Happens If a Landlord Ignores a Compliance Order?

If a landlord fails to comply, you can return to the RTDRS or Provincial Court. The tribunal can enforce the order, issue fines, or even allow you to terminate your lease early. In very rare cases, police may become involved if court orders are violated.

For more details about specific rights and rules in your province, visit Tenant Rights and Landlord Rights in Alberta.

You can also find rental homes across Canada on Houseme if you need a new place.

FAQ: Alberta Tenant Questions About Compliance Orders

1. What problems can I get a compliance order for?
   Tenants can seek compliance orders for unaddressed repairs, health or safety problems, unauthorized entry, or improper deposit withholding.
2. How long does RTDRS take to decide?
   Usually within a few weeks, but urgent cases can be prioritized. Attend your hearing and provide as much evidence as possible.
3. What if my landlord still does nothing after the order?
   If your landlord ignores the RTDRS order, you can ask the Court or RTDRS to enforce it. Penalties for landlords may include fines or property seizures.
4. Do I need a lawyer to get a compliance order?
   No, tenants can apply to the RTDRS directly without a lawyer. Forms and guides are available online or in-person assistance can be requested.
5. What evidence helps my case?
   Photos, dated messages, written complaints, repair estimates, and anything showing you asked your landlord to fix the issue and they didn’t respond.

Key Takeaways for Alberta Tenants

• Compliance orders protect tenants when landlords refuse to follow the law
• Apply through RTDRS with supporting evidence – include photos, dates, and communication logs
• Enforcement is possible if landlords do not comply – you do not forfeit your rights

Stay informed about your rights so you can act confidently and effectively in rental disputes.

Need Help? Resources for Tenants

• RTDRS (Tribunal): Residential Tenancy Dispute Resolution Service (RTDRS) – Online filing, forms, and guides
• Legislation: Residential Tenancies Act (Alberta)
• Tenant Support: Centre for Public Legal Education Alberta (CPLEA) – Tenant guides and information
• Provincial Info: Tenant Rights and Landlord Rights in Alberta

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1. Alberta Queen’s Printer. Residential Tenancies Act. Available at: Residential Tenancies Act (Alberta)
2. Government of Alberta. How to file with RTDRS. Available at: RTDRS Tenant Application Guide
3. Residential Tenancy Dispute Resolution Service. Case outcomes. Available at: RTDRS Decision Search

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