If you are a tenant in Alberta and disagree with a decision made by the Residential Tenancy Dispute Resolution Service (RTDRS) or the Provincial Court regarding your rental situation, you may have the right to appeal. Knowing your rights and understanding the appeals process can help you make informed decisions and take appropriate action if you believe an error has occurred.

Understanding Tenant Dispute Decisions in Alberta

In Alberta, the RTDRS is the official tribunal that resolves most rental disagreements between tenants and landlords, such as those involving evictions, rent arrears, or repairs. Their goal is to deliver fair and timely outcomes in residential tenancy disputes. Learn more about the RTDRS here.

Relevant Alberta Legislation

Residential renter and landlord relationships in Alberta are primarily governed by the Residential Tenancies Act (RTA)¹. Any appeal process follows strict rules under this Act and associated regulations. It's important for tenants to understand their rights under this law. For a good general overview, see Tenant Rights and Landlord Rights in Alberta.

Can You Appeal an RTDRS Decision?

Most RTDRS decisions are final. However, if your case was heard at the RTDRS, you can appeal the decision to the Alberta Court of King's Bench—but only on a question of law or jurisdiction, not simply because you disagree with the decision. Strict deadlines apply, so act quickly if you want to appeal.

Grounds for Appeal

• The tribunal made a legal error (interpreted the law incorrectly)
• The RTDRS went beyond its powers (acted outside its authority)
• There was a significant procedural unfairness

Appeals are not for simply re-hearing the evidence or facts of your case, but to challenge legal mistakes.

Key Steps: How to Appeal a Landlord and Tenant Decision in Alberta

Here's a step-by-step summary for tenants considering an appeal:

• Request written reasons for the decision from the RTDRS if they were not provided
• Decide if your grounds for appeal qualify (see above)
• Prepare and file a Notice of Appeal within the required deadline (usually 30 days from the date you receive the decision)
• Pay the required appeal fee (fee waivers are available for those with low income; ask at the courthouse)
• Serve your landlord with the appeal documents

Appealing is a legal process and may require legal advice. If your case involved an eviction or urgent matter, you may be able to request a stay of enforcement to pause the decision until your appeal is heard.

Key Appeal Form for Tenants

• Notice of Appeal (Form 7)
  When to use: To start an appeal from an RTDRS decision to the Court of King’s Bench.
  Example: If you were ordered to move out but believe the RTDRS made a legal mistake, file Form 7.
  Find the Notice of Appeal form and instructions here (Government of Alberta)

If Your Dispute Was Heard in Provincial Court

If your case was not through the RTDRS but in the Provincial Court (Civil), the appeal process is similar, but reference the court’s appeal guides. Typically, you will use a Notice of Appeal as well, and you must file within 30 days. Visit the Court of King’s Bench website for further information.

After Your Appeal is Filed: What to Expect

Once your Notice of Appeal is filed and served, the case will be scheduled for a court hearing. The judge will focus on whether a legal or jurisdictional error occurred—not revisit the full facts. You may represent yourself, but legal representation is recommended if possible.

If you need more context about your rights during rental disputes or around eviction notices, see Tenant Rights and Landlord Rights in Alberta.

Tips for Alberta Tenants Preparing an Appeal

• Act quickly—deadlines are firm
• Gather all documents: decision, correspondence, written reasons
• Consult free legal resources or advocacy groups if needed
• Prepare a clear written explanation of your legal grounds for appeal

Useful Links for Alberta Tenants

• RTDRS Overview (Government of Alberta)
• How to Appeal an RTDRS Order (Alberta Government)
• Read the Residential Tenancies Act (PDF)
• Browse apartments for rent in Canada

For other tenancy topics like maintenance issues or rent increases, see our guide on Common Issues Tenants Face and How to Resolve Them.

Frequently Asked Questions: Appealing Rental Tribunal Decisions in Alberta

1. How long do I have to appeal an RTDRS decision in Alberta?
   Tenants generally have 30 days from the date they receive the written order to file an appeal to the Court of King’s Bench.
2. Can I stop my eviction while I wait for my appeal?
   Filing an appeal does not automatically stop an eviction. You must apply for a stay of enforcement from the court to delay the order while the appeal is considered.
3. Do I need a lawyer to appeal a rental tribunal decision?
   No, you do not need a lawyer, but because appeals can be complex and require knowledge of the law, getting legal advice is recommended if possible.
4. What happens if my appeal is unsuccessful?
   If the court upholds the original decision, you must follow the original RTDRS order. Costs may be awarded against you if the appeal is seen as without merit.
5. Where can I get help with the appeal process?
   There are tenant advocacy groups and free legal clinics in Alberta that can offer guidance. See the “Need Help?” section below.

Conclusion

• Appealing a Landlord and Tenant Board or RTDRS decision in Alberta must be done quickly and only for legal or jurisdictional errors
• Use the correct forms and seek help if unsure; legal clinics and advocacy groups are available to assist
• Consult the Residential Tenancies Act and official government resources for the most accurate guidance

Need Help? Resources for Tenants

• RTDRS Alberta: How to File and Appeal (Government of Alberta)
• Legal guidance: Central Alberta Community Legal Clinic and Calgary Legal Guidance
• Help with forms: Ask at your local courthouse or contact Alberta Courts: Court contact information
• Find unbiased rental information and listings: Browse apartments for rent in Canada
• More on your legal rights: Tenant Rights and Landlord Rights in Alberta

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1. Residential Tenancies Act (Alberta, official government site)
2. Residential Tenancy Dispute Resolution Service (Government of Alberta)
3. Appeal instructions and forms (Government of Alberta)

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