LTB Orders and Tenant Compliance: Alberta Guide

If you're a tenant in Alberta dealing with a landlord dispute, you may encounter official orders from the Residential Tenancy Dispute Resolution Service (RTDRS), commonly known as the province's version of the Landlord and Tenant Board (LTB). This guide explains LTB (RTDRS) orders, tenant compliance, and what steps to take if you receive or need to enforce one. We'll break down the process in clear, accessible language so Alberta renters can protect their rights.

Who Handles Tenancy Disputes in Alberta?

In Alberta, tenancy disputes between landlords and tenants are resolved by the Residential Tenancy Dispute Resolution Service (RTDRS). The RTDRS is an official tribunal providing a more accessible alternative to court for matters like unpaid rent, eviction applications, or repair issues.

All decisions and orders from the RTDRS are guided by Alberta's Residential Tenancies Act (RTA)¹, which sets out the rights and responsibilities of landlords and tenants throughout the province.

What is an LTB (RTDRS) Order?

An RTDRS order is a legal decision or direction issued after a hearing regarding a landlord-tenant dispute. This order outlines what actions must be taken—such as paying rent arrears, ending a tenancy, or completing repairs. Both landlords and tenants are legally required to comply with these orders.

• Example: If a tenant owes rent, the order may require them to pay by a certain date to avoid eviction.
• If a landlord is failing to provide a vital service, the order could require them to fix the problem by a specified deadline.

Key Forms You May Encounter

• RTDRS Application Form: Used to start a dispute process as a tenant or landlord.
  Find the form here: RTDRS Application Guide and Forms.
  Example: A tenant files this form if the landlord refuses to do urgent repairs or return a security deposit.
• Notice of Order: Issued after a decision, stating what the tribunal has ordered each party to do.
  See details: RTDRS Orders and Decisions.
  Example: An order might tell a tenant to move out by a certain date or a landlord to fix a broken heater within 48 hours.
• Affidavit of Service: Confirms a party has been properly notified. Required if serving a copy of the decision to the other party.
  Official source: Alberta Courts: Serving Court Documents.

How to Respond to an RTDRS Order

If you receive an order from the RTDRS, take it seriously! Here's what you should do:

• Read the order carefully—note the exact deadlines and what is required of you.
• Take necessary action immediately. If payment is required, ensure it is made exactly as directed.
• If you need clarification, contact the RTDRS directly.
• If you believe the order is unfair, you can file an appeal to the Court of King’s Bench within the time allowed (typically 30 days from the order date).²

What if the Other Party Doesn’t Comply?

If your landlord or the tenant ignores an RTDRS order:

• You may apply to the Court of King’s Bench to enforce the order, especially for matters like unpaid rent or returned deposits.
• Bring copies of the order to court, and consider professional legal help if the process seems overwhelming.

Enforcement is governed by Alberta's Residential Tenancies Act and court procedures.

Common Types of RTDRS Orders

• Orders for the payment of rent or other money owed
• Possession orders (to end or continue a tenancy)
• Orders for repairs or maintenance
• Return of security deposit

Understanding your rights is vital—see Tenant Rights and Landlord Rights in Alberta for an overview of Alberta-specific protections.

Related Issues With Landlord and Tenant Obligations

RTDRS orders often relate to ongoing rights and responsibilities during a tenancy. Get familiar with Obligations of Landlords and Tenants: Rights and Responsibilities Explained to reduce the risk of disputes.

Want to Know More About Rental Deposits?

If your RTDRS order involves deposit refunds, see Understanding Rental Deposits: What Tenants Need to Know for details about rules and timelines in Alberta.

Trouble Finding an Apartment or Dealing With a Move?

Whether you’re searching for a new rental or need to move due to an RTDRS or court order, Find rental homes across Canada on Houseme to simplify your housing search.

Frequently Asked Questions: RTDRS Orders in Alberta

1. What should I do if I can’t pay what’s listed in the RTDRS order?
   If you can't meet the deadline, contact the other party to discuss a payment plan and explain your situation to the RTDRS. Ignoring the order can result in eviction or further enforcement through the court system.
2. How long does an RTDRS order last?
   Orders remain valid and enforceable until fulfilled or vacated by a court. There is no expiry date unless specified in the order.
3. Can I appeal an RTDRS order?
   Yes, you can appeal to the Court of King’s Bench within 30 days. Carefully review your written order for instructions and strict deadlines.
4. What happens if the landlord doesn’t follow the RTDRS order?
   If the landlord ignores the order, you can file to enforce it at the Alberta Court of King’s Bench. Bring all relevant documents and proof of non-compliance.
5. What legislation covers RTDRS orders and Alberta tenancies?
   Alberta’s Residential Tenancies Act covers all standard residential leases and RTDRS processes.

Key Takeaways for Tenants

• RTDRS orders are legally binding and must be followed on time.
• Non-compliance can lead to eviction or court action against you—always act quickly.
• Appeal or enforce an order through the court if needed. Get professional advice if you’re unsure.

Understanding the dispute resolution process helps you protect your tenancy rights and avoid future problems.

Need Help? Resources for Tenants

• Residential Tenancy Dispute Resolution Service (RTDRS) – File disputes, learn about hearings, or get help with orders.
• Alberta Service – Tenants and Landlords – Tenancy tips, fact sheets, and FAQs.
• Centre for Public Legal Education Alberta (CPLEA) – Free legal resources for Alberta renters.

1. Alberta Residential Tenancies Act
2. Alberta RTDRS: Appealing an Order