Landlord’s Application for Damages Form in Alberta Explained
If you’re a tenant in Alberta facing a damages claim, understanding the Landlord’s Application for Damages Form is essential. This form allows landlords to claim costs for damages after a tenancy ends—but tenants have important rights and options. Here’s a clear, tenant-focused guide to help you navigate this situation, protect your security deposit, and know what to expect during the process as set out under the Residential Tenancies Act.[1]
What Is the Landlord’s Application for Damages Form in Alberta?
After a rental agreement ends, a landlord who believes you have caused damage beyond normal wear and tear can file a legal application for compensation. In Alberta, this is done through the Application for Remedies - Residential Tenancy Dispute Resolution Service (RTDRS) Form. The form lets landlords seek money for:
- Repairs for physical damage to the rental unit
- Unpaid rent or utilities
- Other contractual losses (e.g., early lease termination)
The form is officially known as the RTDRS Application for Remedies (Form 1) and is filed with Alberta’s Residential Tenancy Dispute Resolution Service (RTDRS).[2]
When and How Is the Form Used?
The form is typically used after a tenant has moved out and the landlord believes there are damages not covered by the security deposit, or disputes the amount to be returned.
Example: Your landlord inspects the unit and claims damage to the walls and missing keys. If the landlord wants to keep all or part of your damage deposit (also known as a security deposit), they must justify this with evidence. If you disagree or want the full deposit returned, the landlord may file this form with the RTDRS to get an official decision.
What Tenants Need to Know About Deposits and Deductions
In Alberta, security deposits (damage deposits) must only be used to cover:
- Unpaid rent or utilities
- Damage beyond normal wear and tear
- Other agreed-upon costs in the rental agreement
Tenants have the right to challenge any deduction they believe is unfair. For a complete overview of deposit rules, see Understanding Rental Deposits: What Tenants Need to Know.
How the RTDRS Application Process Works
The RTDRS is an alternative to court, offering a faster, more accessible way to resolve landlord-tenant disputes in Alberta. Here’s a step-by-step look:
- Landlord files Form 1 with the RTDRS, attaching supporting evidence (photos, invoices, inspection reports, etc.).
- RTDRS notifies the tenant about the application and schedules a hearing (usually by phone or video).
- Tenants have the right to respond, submit their own evidence, and attend the hearing.
- A Tenancy Dispute Officer makes a binding decision on whether damages should be paid, and how much.
Full details and copies of the official form are available through Alberta’s RTDRS official RTDRS website.[2]
Tips to Protect Yourself as a Tenant
- Always participate in move-in and move-out inspections with the landlord. Use Guide to the Initial Rental Property Inspection for Tenants for practical advice.
- Take time-stamped photos and keep written records.
- Request a detailed statement of account if deductions are made from your security deposit.
- If you disagree with a claim, respond promptly and gather evidence for the RTDRS hearing.
Be proactive: If you expect a dispute over damages, prepare your evidence in advance and seek advice. The RTDRS process is designed to be accessible for tenants—don’t be afraid to participate.
Relevant Official Form & Where to Find It
- Form Name: Application for Remedies - Residential Tenancy Dispute Resolution Service (Form 1)
- Purpose: To seek money for damages, lost rent, or other losses related to a residential tenancy
- Where to Get It: Download from the Government of Alberta [3]
This is the main form a landlord will use. If you receive notice about it, respond quickly and consider seeking tenant advocacy help.
Your Rights Under Alberta’s Tenancy Law
Alberta’s Residential Tenancies Act covers tenant rights on security deposits, damage claims, and dispute resolution. Both landlords and tenants can use the RTDRS, and decisions are binding. For a summary of rights and duties, see Tenant Rights and Landlord Rights in Alberta.
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FAQ: Alberta Tenants and Damage Claims
- What should I do if my landlord deducts money from my security deposit for damages I don’t agree with?
You should immediately ask for a detailed written statement and evidence (photos, invoices). If you still disagree, you can dispute the deductions through the RTDRS process. - Can a landlord charge me for normal wear and tear?
No. Alberta landlords cannot deduct for damages considered normal wear and tear (such as worn carpets or minor nail holes). - Do I need to attend the RTDRS hearing?
Yes, it is strongly recommended. You have the right to explain your side, ask questions, and present evidence. Not attending may lead to a default decision against you. - What happens if I win the dispute?
If the RTDRS decides in your favour, you might receive your security deposit back or avoid paying additional damages claimed by the landlord.
Conclusion: Key Takeaways for Alberta Tenants
- Know your rights: Landlords must have clear proof of damages beyond normal wear and tear.
- Participate in inspections and keep evidence.
- Respond promptly to any RTDRS application and prepare your defence.
- Help is available—don’t hesitate to reach out for advice.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS): 1-780-644-3000
- Service Alberta – Tenancy Tips
- Calgary Legal Guidance: 403-234-9266
- Edmonton Community Legal Centre: 780-702-1725
- For more rights and obligations: Tenant Rights and Landlord Rights in Alberta
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