Renting Disputes

Most of the time, landlords and tenants can talk to each other and settle problems in a quick and friendly manner. Landlords will carry out repairs when needed. Tenants turn down loud music when asked. By talking over a problem or making suggestions in a letter, the landlord and tenant may be able to avoid a dispute.

Sometimes, a landlord and tenant are able to agree on a solution to a problem. For instance, if the landlord does not do regular upkeep on the premises, the tenant might propose doing some of the work for a reduction in rent. A tenant may be able to persuade the landlord to accept a little less than a month's notice of moving out. A landlord might accept a late rent payment from a long-term tenant who generally pays the rent on time. The landlord and tenant can also try to come to an agreement with the help of a third party, such as a mediator.

Not every problem can be resolved by the parties, however. A tenant may not pay rent and refuse to move out. A landlord and tenant might disagree about who is responsible for repairing a broken window. The tenant may claim that the landlord did not give proper notice of a rent increase. If the tenant and landlord cannot agree, either one can ask the Office of Residential Tenancies (ORT) to make an order to solve the problem.

Claims, except for security deposits, must be made within 1 year of when the incident occurred. The ORT can deal with any type of dispute about the rental agreement. The maximum that can be awarded is currently $30,000. If a party wants to claim more than $30,000 the claim must be heard by the Court of King's Bench.

To apply for an order:

• the person making the application, called the applicant, applies to the ORT and pays an application fee of $50
• the ORT provides the applicant with a notice of hearing which sets out the time and place of the hearing
• the applicant completes the hearing notice, adding any additional claims, so that the other party will know what the applicant wants and what they need to respond to
• the applicant provides a copy of the completed hearing notice to the other party or parties along with any evidence that will be used to support the claim

Additional information about service, evidence and preparing for a hearing is available from the ORT.

At an ORT hearing, the applicant must prove they have served the hearing notice on the other party. This is done by completing a Certificate of Service confirming the method and date of service. Any adult can serve the notice, but whoever does must also be the person who completes and signs the Certificate of Service.

More information on proper service of documents can be obtained from the ORT.

The ORT does not conduct any form of investigation. It is the landlord and tenant’s responsibility to gather their own evidence to support their claim. Each party must provide the other party and the ORT with a copy of any document that they want to use as evidence. Examples of this kind of evidence includes invoices, photographs and videos. This must be done before the hearing.

Another form of evidence is oral evidence. This is evidence that comes directly from the parties themselves and is when the parties can tell their side of the story. A witness can also be anyone else with firsthand knowledge of something relevant to the claim, such as a friend or a maintenance worker. Each party as well as the hearing officer has a chance to ask the witnesses questions.

As an example, a landlord may want to make a claim against a security deposit because the rental place was left unclean or damaged. The landlord must demonstrate the damages, including related costs and that they followed the rules for dealing with the security deposit. One way of proving this is through the checklists that were filled in when the tenant moved in and out. Photographs can also show the condition of the rental unit.

Alternatively, the tenant may defend their right to the security deposit by providing proof of their case, such as witnesses or copies of documents.

It is important to come prepared to present your case. Hearings are your one and only opportunity to present evidence for consideration.

After the hearing, a hearing officer makes a written decision. The hearing officer applies the law to the facts and makes an order that they think is fair in the circumstances. The ORT can make an order:

• directing the landlord or tenant to follow the requirements of The Residential Tenancies Act, 2006
• giving the landlord possession of the rental unit
• ruling on whether there was proper notice of a rent increase
• reducing the tenant's rent
• setting the amount of repair or cleaning costs and ordering the person responsible to pay the cost
• requiring the tenant to pay the amount of rent owing to the landlord
• requiring the landlord or tenant to pay damages
• determining how the security deposit is to be dealt with

This is not a complete list of the orders the ORT can make. Parties will receive a written decision in the mail. Parties should ensure that the ORT has their current mailing address on file.

If the decision or order requires clarification or correction of an obvious error, such as a typo, parties can make a request to have the issue addressed. This application must be made within 15 days of the date of the decision or order.

Parties may be able to appeal a decision in some cases. A party can only appeal on the basis of a mistake of law or jurisdiction. A mistake of law is when the hearing officer misapplies the law or makes a finding based on no or irrelevant evidence. A mistake of jurisdiction is when the hearing officer decides something that they are not allowed to. It can also happen when they fail to decide something they are required to. The appeal court will not look at new evidence except in rare circumstances.

A party has 30 days from the date of the ORT's order to appeal. They may be given extra time if they can show that they did not receive the order in a timely manner. The appeal is made to the Court of King's Bench. If the Court of King's Bench made the decision, a person can appeal that decision to the Court of Appeal. The appeal must be made within 30 days and the person will need permission from the Court of Appeal.

There is a waiting period of 30 days before a party can act on an order from the ORT. If an appeal is made, the order cannot be acted on until the appeal is decided. For example, if the ORT makes an order for payment of rent, the landlord cannot enforce it until 30 days have passed or until any appeal is decided.

An order of possession is an exception. The ORT will order possession on a certain date, which can be immediately. The sheriff will then post the order on that date at the rental unit giving the tenant a certain amount of time to leave. Unless the tenant appeals within the time given, for example 48 hours, the sheriff will remove the tenant when the time is up.

In most cases, the person or business ordered to pay money or take a particular action will follow the order. If they do not, the other party can request that the ORT place them on a non-compliance list. As long as the party remains on the non-compliance list, the ORT can refuse to hear other matters for them and decline to make orders involving them.

This is the only action that the ORT will take. The landlord or tenant is otherwise responsible for enforcing an order. If 30 days have passed since the order was made and any appeals have been decided, the person with the order can register a certified copy of it at the Court of King's Bench. The ORT will provide this certified copy.

The order can then be enforced in the same way as any judgment of the Court of King's Bench. The party with the order can collect on it by having the sheriff seize the other party's assets. Assets could include things such as money in a bank account, wages, or something like a car or boat. For more information on this, see our page on Collecting on a Judgment.

Sometimes, the order requires an action other than the payment of money. For example, the landlord may be ordered to release the tenant's possessions. In such cases, the tenant can make a complaint at a police station if the landlord does not follow the order. It is an offence not to follow an order from the ORT. Such a complaint must be made within one year of the date of the order. If the police charge the landlord, the landlord will be required appear in court. The court can sentence the landlord if they are convicted or plead guilty. The sentence can include compensation, but the tenant must request it.