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Difference between revisions of "Dispute Resolution for Tenants"
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Dispute Resolution for Tenants (view source)
Revision as of 18:29, 24 January 2014
, 18:29, 24 January 2014→Early Resolution
(Created page with "{{DEMOWARNING}} {{Tenant Survival Guide TOC}} '''Do''' prepare well for a hearing and make sure you submit all your evidence on time. '''Don’t''' show up late or miss a dis...") |
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You can phone the Residential Tenancy Branch and ask an Information Officer to phone the landlord on your behalf if you believe that the issue can be resolved easily by having the Information Officer explain to the landlord that he is acting in a way that is not allowed under the Residential Tenancy Act. Make sure that you take note of the Information Officer’s name. | You can phone the Residential Tenancy Branch and ask an Information Officer to phone the landlord on your behalf if you believe that the issue can be resolved easily by having the Information Officer explain to the landlord that he is acting in a way that is not allowed under the Residential Tenancy Act. Make sure that you take note of the Information Officer’s name. | ||
How to apply | |||
== Where do I apply? == | |||
You can apply for a dispute resolution hearing at the Residential Tenancy Branch. There are Branch offices in Burnaby, Victoria, and Kelowna. If there is no office in your area, you can apply through the Government Agent, or Service BC Centre close to where you live (look in the blue pages of the phone book, under “Government of BC” or go to [http://www.servicebc.gov.bc.ca/ the Service BC website]. | |||
===Fee=== | |||
It costs $50 to apply for a dispute resolution hearing unless you are claiming an amount over $5,000 in which case it is $100. You can pay in cash, certified cheque or money order made out to: Minister of Finance. If you win your case, the dispute resolution officer can order the landlord to pay you back the fee if you request it on your application. | |||
If you have a low income, you can ask for a fee waiver so you don’t have to pay. You need to fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-17.pdf Application to Waive Filing Fee]. Bring proof of your income, and be ready to give information about your income and expenses. | |||
===Applying online=== | |||
You can submit an online Application for Dispute Resolution form over the Internet to request a hearing before a dispute resolution officer to resolve a dispute. The filing fee must be paid online by credit card. The Residential Tenancy Branch will then send you information by e-mail about how and when the hearing will be held, how to prepare the hearing packages that you must serve on the respondent(s), and other information related to the dispute resolution process. | |||
===Filling out the application form=== | |||
You must fill out a form called [http://www.rto.gov.bc.ca/documents/RTB-12-T.pdf Tenant’s Application for Dispute Resolution]. When you are applying for dispute resolution, you are the "applicant" and your landlord is the "respondent”. | |||
*You must write the address of your place where you had the problem. | |||
*You need the legal name and the address of the owner of the property if you are making a monetary claim. If you don’t know who the owner is, you can go to the BC Assessment Authority or do a title search at the Land Title Office. You can name the manager or property manager if your application is to resolve a dispute not related to money. | |||
*You need to check off the box on the second page of the form that best describes why you are applying for dispute resolution. The dispute resolution officer will only deal with sections of the law that you write down on the form. | |||
*If you paid the $50 filing fee, check off the box that says you want to recover the cost of the filing fee from your landlord. | |||
*Include copies of evidence you will use in the hearing with the application. You can also provide it later, as long as you give copies to the landlord and dispute resolution officer at least five business days before the hearing, not including holidays or weekends. | |||
