Landlord and Tenant Disputes

If you have been Served with an RTDRS Application

If you have been served with an RTDRS Application

If you have been served with an RTDRS Application package you must attend the hearing on the date and time indicated on the Notice of Hearing form. If you are unable to attend the hearing in person you can contact the RTDRS office to provide a telephone number that you can be reached at. Alternatively, you may have a representative attend on your behalf. If you or your representative do not attend, the hearing may proceed in your absence and an order may be issued against you. This order may have serious consequences for you.

Defending yourself against an RTDRS Application

You can defend yourself in one of three ways:

  1. Provide evidence in defence of the application.
  2. Provide evidence in defence of the application and file a counter-application.
  3. Provide evidence in defence of the application and file an application at a later date.

 

1. Provide evidence in defence of the application

  1. If you have been served with an RTDRS application and do not agree with the claims in the application you should prepare to defend yourself at the RTDRS hearing.
  2. If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours (must include one business day) prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.
  3. Evidence is the legal word for things that are used to prove what happened during the tenancy. Evidence can be:
    1. Documents, such as leases, agreements, termination notices, receipts, invoices and photographs.
    2. Audio and video recordings. 
    3. What you and your witnesses say in the hearing.

    The RTDRS does not accept physical evidence such as insects, mold samples or weapons. Instead you must submit photos with a written description. Further information on evidence is available in the Evidence tipsheet.

  4. If you have witnesses that will provide testimony in your defence you should notify them of the date and time of the hearing. If the witness is attending by telephone you must notify the RTDRS at least 24 hours prior to the hearing date.
  5. Attend the hearing on the date and time specified in the Notice of Hearing form. If you are attending in person, plan to arrive 15 minutes prior to the designated hearing time.
  6. Only claims in the application before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application.

2. Provide evidence in defence of the application and file a counter-application

  1. If you have been served with an RTDRS application and also have a claim against the applicant you can file a counter-application PRIOR to your hearing date. A counter-application is an application against the other party that is filed before the hearing date. Only claims in the application before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application.
  2. The steps for filing a counter-application are the same as filing a regular application, see “How to Apply” for details on how to file an application. The counter-application must be served onto the other party the same way that a regular application is served. See “Service” for details on how to serve the other party.
  3. The Tenancy Dispute Officer will hear the application and counter-application in one of these ways:
    1. Together on the hearing date of the original application.
    2. Together at a later date (the original hearing date will be adjourned to another date so that both applications can be heard at the same time)
    3. Separately, on different dates.

    The decision will depend on many factors, such as:

    1. Service requirements.
    2. Time needed for the hearing.
    3. If the same evidence and witnesses are needed for both applications.
  4. If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.
  5. Evidence is the legal word for things that are used to prove what happened during the tenancy. Evidence can be:
    1. Documents, such as leases, agreements, termination notices, receipts, invoices and photographs.
    2. Audio and video recordings. 
    3. What you and your witnesses say in the hearing.
  6. RTDRS does not accept physical evidence such as insects, mold samples or weapons. Instead you must submit photos with a written description. Further information on evidence is available in the Evidence tipsheet.
  7. If you have witnesses that will provide testimony in your defence you should notify them of the date and time of the hearing. If the witness is attending by telephone you must notify the RTDRS at least 24 hours prior to the hearing date.
  8. Attend the hearing on the date and time specified in the Notice of Hearing form. If you are attending in person, plan to arrive 15 minutes prior to the designated hearing time.

3. Provide evidence in defence of the application and file an application at a later date

  1. If you have been served with an RTDRS application and you want to defend yourself against the claim and you have a claim against the applicant you can have the application heard on the hearing date and file your own application at a later date. See “How to Apply” on information on how to make an application.
  2. If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.
  3. Evidence is the legal word for things that are used to prove what happened during the tenancy. Evidence can be:
    1. Documents, such as leases, agreements, termination notices, receipts, invoices and photographs.
    2. Audio and video recordings.
    3. What you and your witnesses say in the hearing.

    The RTDRS does not accept physical evidence such as insects, mold samples or weapons. Instead you must submit photos with a written description. Further information on evidence is available in the Evidence tipsheet.

  4. If you have witnesses that will provide testimony in your defence you should notify them of the date and time of the hearing. If the witness is attending by telephone you must notify the RTDRS at least 24 hours prior to the hearing date.
  5. Attend the hearing on the date and time specified in the Notice of Hearing form. If you are attending in person, plan to arrive 15 minutes prior to the designated hearing time.
  6. You can file your own application at a later date. The steps for filing an application are outlined on our website, see “How to Apply” for details on how to file an application.
  7. Applications must be made within 2 years from the date that a potential claim is discovered.