If you’re a tenant in Alberta facing a claim for arrears (unpaid rent), it’s important to know your rights and the correct legal process for disputing the landlord’s claims. The Residential Tenancy Dispute Resolution Service (RTDRS) is Alberta’s main forum for resolving these issues fairly and efficiently. Below, we explain how to respond if you receive a demand or eviction for unpaid rent, the steps and official forms to use, and your options for defending yourself under Alberta’s tenancy law.

Understanding Arrears and Your Legal Rights

Arrears, also known as back rent, means you owe your landlord rent that has not been paid by the due date. Landlords in Alberta can take action such as serving eviction notices or making an application to the Residential Tenancy Dispute Resolution Service (RTDRS) or to court.^[1] The main legislation covering these rights and procedures is the Residential Tenancies Act of Alberta.^[2]

Typical Reasons for Disputing Arrears

• Miscalculated or overstated rent owing
• Rent paid but not credited by the landlord
• Withholding rent due to significant unresolved repairs or health/safety issues
• Confusion over agreed payment plans

If you disagree with your landlord’s claim, gather documents like payment receipts, bank statements, your lease agreement, and any written communication.

Responding to a Notice or Application for Arrears

In Alberta, a landlord may:

• Serve a 14-Day Eviction Notice for unpaid rent
• Apply to the RTDRS or court for a monetary order for the arrears

As a tenant, you can dispute the arrears by responding to the landlord's application through the RTDRS or by filing your own application if you believe you do not owe the claimed amount.

Relevant Official Forms

• RTDRS Tenant Application Form (RTDRS Form 2) – Use this if you wish to dispute your landlord’s claim for arrears, ask for repairs, or address related tenancy issues.
  Available at: RTDRS Application – Tenant. Practical example: If your landlord files an RTDRS application claiming $1,000 in arrears but you have proof that half was paid, use this form to dispute the amount and present your evidence.
• RTDRS Response Form (RTDRS Form 3) – Use this form if you have been served with a landlord’s application and want to respond before or at the hearing.
  Available at: RTDRS Response Form. Practical example: If you receive notice of a claim you disagree with, submit this form with your arguments and supporting documents.

How the RTDRS Process Works

• You receive notice of application or eviction for arrears
• Prepare your response and gather supporting documents
• File your response with the RTDRS before the scheduled hearing date
• Attend the hearing (usually by phone or videoconference) to present your side
• The RTDRS officer will make a binding decision, which may include payment orders or even dismissal of the landlord's claim

The RTDRS offers a faster and less formal process than court for tenant-landlord disputes. For more on Alberta-specific tenant and landlord laws, see Tenant Rights and Landlord Rights in Alberta.

Tips for Tenants Facing Arrears Claims

• Document every rent payment (e-transfer receipts, cash receipts, screenshots)
• Communicate promptly and in writing with your landlord about any shortfalls or payment difficulties
• If repairs or serious health and safety issues made the unit unlivable and you withheld rent, be prepared to prove these conditions. You may also want to review Health and Safety Issues Every Tenant Should Know When Renting
• Check your responsibilities for rent payment, especially if you share a lease. For general rights and payment information, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

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FAQ: Disputing Back Rent in Alberta

1. Can I be evicted right away for owing rent in Alberta?
   Landlords must provide you with a 14-Day Notice to Vacate if you owe rent. You have options to dispute the notice or pay the arrears to stop the eviction process.
2. What evidence should I bring to an RTDRS hearing?
   Bring all rent receipts, bank records, written communications, your lease, and any documentation that supports your case regarding the alleged arrears.
3. How do I file a response to my landlord’s RTDRS application?
   Fill out the RTDRS Response Form, attach your evidence, and submit it to the RTDRS office before the hearing date. Attend the hearing to explain your side.
4. Will my credit be affected if I lose at the RTDRS?
   If a monetary judgment is made against you and you don't pay, your landlord can file the debt in court, which can impact your credit rating.
5. Where do I find help disputing arrears?
   View the resources section below for provincial tenant support and legal clinics.

Conclusion: Key Takeaways for Alberta Tenants

• Arrears disputes in Alberta are handled through the RTDRS or courts—respond promptly and keep good records.
• Use official RTDRS forms to make or defend claims, and bring clear evidence of payments and communications.
• Know your rights under the Residential Tenancies Act and seek help if you need support.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS): RTDRS Official Website
• Service Alberta Tenancy Information: Tenant Information Alberta
• Edmonton Community Legal Centre: Free legal help for tenants
• Calgary Legal Guidance: Legal advice and resources
• Learn more about your rights at Tenant Rights and Landlord Rights in Alberta

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1. Residential Tenancy Dispute Resolution Service (RTDRS): RTDRS Official Site
2. Residential Tenancies Act of Alberta

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