RTDRS vs Civil Court Alberta: Which Forum for Your Tenancy Dispute
If you are a landlord or tenant in Alberta with a money dispute — a security deposit not returned, rent owed, or damage to the unit — you have two forums to consider: the Residential Tenancy Dispute Resolution Service (RTDRS) and the Alberta Court of Justice. Both can award up to $100,000, but they use different processes. The forum choice matters because duplicate proceedings for the same dispute are prohibited.
You cannot file in both. Alberta law prohibits duplicate proceedings in the RTDRS and the Court of Justice for the same dispute.
The RTDRS: Specialized and Tenancy-Focused
The RTDRS is a quasi-judicial tribunal established under the Residential Tenancies Act and the Mobile Home Sites Tenancies Act. It handles disputes between landlords and tenants that arise from a residential tenancy agreement — security deposits, rent arrears, damage claims, failure to maintain the property, and lockouts.
Filing fee: Since April 1, 2026, $75 for claims or counterclaims of $7,500 or less, and $150 for claims over $7,500. A counterclaim over $7,500 costs $100 when there is already an active RTDRS application between the same parties.
Process: You apply online, and the RTDRS provides a streamlined hearing process by telephone or online. A Tenancy Dispute Officer handles the hearing.
Limitations: The RTDRS hears disputes that fall under the Residential Tenancies Act or the Mobile Home Sites Tenancies Act. Broader tort liability, structural property damage beyond tenancy scope, and non-residential lease issues must proceed in the Court of Justice.
The Court of Justice: Broader, More Formal
The Alberta Court of Justice, Civil Division, handles a broad range of civil money disputes up to $100,000, including tenancy disputes, subject to statutory exclusions. If your claim falls outside the RTDRS's statutory jurisdiction but within the Court of Justice's civil jurisdiction, file in the Court of Justice.
Filing fee: $100 for claims up to $7,500, or $200 for claims over $7,500.
Process: You file a Civil Claim (Form CTS1461), serve the defendant, wait for a Dispute Note, go through a Pre-Trial Conference, and if necessary, proceed to a formal trial before a Justice.
Advantages: The court can hear a broad range of civil claims within its monetary limit, subject to statutory exclusions. If your dispute involves both tenancy and non-tenancy claims, the Court of Justice may be able to hear the civil claim in one proceeding.
How to Decide
| Factor | RTDRS | Court of Justice |
|---|---|---|
| Filing fee | $75 or $150 by claim amount | $100 or $200 by claim amount |
| Hearing format | Telephone/online, informal | Formal court process |
| Jurisdiction | Residential tenancy matters under its statutes | Civil money claims within its limit, subject to exclusions |
| Monetary limit | $100,000 | $100,000 |
| Evidence rules | Relaxed | Trial Statement + indexed exhibits |
Choose the RTDRS if your dispute is a residential tenancy matter within the RTDRS's jurisdiction — a security deposit, rent owed, unit damage, or a wrongful eviction. Its filing fee is lower than the Court's fee in the same claim-size band, and the process is less formal.
Choose the Court of Justice if your dispute involves non-tenancy elements, your claim is against a commercial landlord on a non-residential lease, or the other side has already filed a claim against you in the Court of Justice and you want everything in one forum.
Free Download
Get the Alberta Civil Claim Filing Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Transferring Between Forums
If you file in the RTDRS and the dispute is transferred to the Court of Justice under Section 17 of the RTDRS Regulations, you must tell the RTDRS you intend to proceed in court and pay the fee difference. For a claim up to $7,500, the difference is $25 ($100 court fee minus the $75 RTDRS fee). For a claim over $7,500, it is $50 ($200 court fee minus the $150 RTDRS fee).
Security Deposit Disputes Specifically
Security deposit claims are a common tenancy dispute. Under the Residential Tenancies Act, when a tenant gives up possession, the landlord has 10 days to return the deposit plus interest if there are no deductions. If deductions are claimed, the landlord must provide a statement of account or estimate and return any unused amount within 10 days; when an estimate is provided, the final statement and any balance are due within 30 days after the tenancy ends.
Missing the 10-day deadline does not automatically entitle the tenant to the full deposit. A tenant who receives no deposit or account should write to the landlord and may pursue the dispute through the RTDRS or court.
For a full walkthrough of the Court of Justice process — including how to file, serve, and prepare evidence for a tenancy-related claim — the Alberta Civil Claim Guide covers every step.
Get Your Free Alberta Civil Claim Filing Checklist
Download the Alberta Civil Claim Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.