How To Resolve A Landlord & Tenant Dispute

Posted by heritagelawoffices on Aug 15, 2017 in Blog, Real Estate Law

When you enter into a tenancy agreement, both the landlord and tenant agree to certain responsibilities. If these responsibilities aren’t being met, disputes may arise. Tenancy disputes are a common part of renting, and while many of these issues are minor in nature, it’s important to know what steps to take to ensure a solution is proposed and carried through. Read on for Heritage Law’s guide to properly navigating a landlord/tenant dispute.

Route 1: Talk To Your Tenant Or Landlord

Oftentimes, a dispute can be settled without any external intervention at all. If the two parties are able to come to a resolution, ensure that it is in writing and that it is signed by both the tenant and the landlord.

If a resolution cannot be agreed upon, it’s still important to write down the issue and send it to the other party, as this can be used later to prove that the issue was brought to their attention. If discussion doesn’t work, the next step is to apply for remedies. The Residential Tenancies Act lists what remedies both landlords and tenants can apply for.

Route 2: Identify & Apply for Remedies

Once both parties are aware of the issue, a landlord or tenant may move forward and apply for remedies through a couple different routes. Remedies are a legal term for actions a landlord or tenant can request if they feel that the other party has not fulfilled their responsibilities in the tenancy agreement.

Tenant Remedies

Landlord Remedies

  • Recovery of Rent
  • Termination of Tenancy
  • Recovery of Property
  • Damages

There are three routes landlords and tenants can take to apply for remedies:

  1. Residential Tenancy Dispute Resolution Service (RTDRS)
    The RTDRS is a faster, less expensive, and less formal alternative than going to the courts. This is best option for the majority of disputes.
  2. Provincial Court
    Landlords or tenants looking to apply for a remedy of up to $50,000 can go to the Provincial Court of Alberta. This involves a more formal process than the RTDRS, but lawyers are not necessarily required.
  3. Court of Queen’s Bench
    The Court of Queen’s Bench is the higher court here in Alberta. Lawyers are recommended at this level, and only larger disputes will usually make it to this court.

Heritage Law Can Help

If you’re in the middle of a tenant/landlord dispute and are looking for some legal help, contact the team at Heritage Law today!