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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 23:06, 21 March 2016
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===Fee=== | ===Fee=== | ||
It costs $100 to apply for a dispute resolution hearing. You can pay by credit card if submitting your application online. If paying in person, you can pay by credit or debit card (credit not accepted at Service BC), cash, certified cheque or money order made out to: Minister of Finance, if paying in person. If you win your case, the | It costs $100 to apply for a dispute resolution hearing. You can pay by credit card if submitting your application online. If paying in person, you can pay by credit or debit card (credit not accepted at Service BC), cash, certified cheque or money order made out to: Minister of Finance, if paying in person. If you win your case, the arbitrator 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://www2.gov.bc.ca/gov/DownloadAsset?assetId=88F7E910F3DB42729604F352484923EB&filename=rtb17.pdf Application to Waive Filing Fee]. Bring proof of your income, and be ready to give information about your income and expenses. | 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://www2.gov.bc.ca/gov/DownloadAsset?assetId=88F7E910F3DB42729604F352484923EB&filename=rtb17.pdf Application to Waive Filing Fee]. Bring proof of your income, and be ready to give information about your income and expenses. | ||
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If your hearing is held over the telephone, your witnesses can participate. Give the names and phone numbers of your witnesses to the Residential Tenancy Branch before the hearing. Make sure you talk to your witnesses before the hearing. They need to know what questions you are going to ask them. And you need to know what answers they are going to give! | If your hearing is held over the telephone, your witnesses can participate. Give the names and phone numbers of your witnesses to the Residential Tenancy Branch before the hearing. Make sure you talk to your witnesses before the hearing. They need to know what questions you are going to ask them. And you need to know what answers they are going to give! | ||
You can also submit letters, receipts, photographs, audio and video tapes as evidence for the dispute resolution hearing. If you need equipment to play a video or audio tape, you must tell the Residential Tenancy Branch in advance. If you are seeking a monetary order, please use the Residential Tenancy Branch [http://www.rto.gov.bc.ca/documents/RTB-37.pdf Monetary Order Worksheet]. If you are the applicant, you must provide copies of all evidence to the Residential Tenancy Branch and your landlord as soon as possible, or at least 14 days before the hearing. If you are the respondent, you must provide copies of all evidence to the Residential Tenancy Branch and your landlord as soon as possible, or at least seven days before the hearing. Your landlord must do the same. If your evidence is only made available at the hearing, the landlord can ask for the hearing to be held at a later date, or for the arbitrator to not consider it. The | You can also submit letters, receipts, photographs, audio and video tapes as evidence for the dispute resolution hearing. If you need equipment to play a video or audio tape, you must tell the Residential Tenancy Branch in advance. If you are seeking a monetary order, please use the Residential Tenancy Branch [http://www.rto.gov.bc.ca/documents/RTB-37.pdf Monetary Order Worksheet]. If you are the applicant, you must provide copies of all evidence to the Residential Tenancy Branch and your landlord as soon as possible, or at least 14 days before the hearing. If you are the respondent, you must provide copies of all evidence to the Residential Tenancy Branch and your landlord as soon as possible, or at least seven days before the hearing. Your landlord must do the same. If your evidence is only made available at the hearing, the landlord can ask for the hearing to be held at a later date, or for the arbitrator to not consider it. The arbitrator may refuse to consider evidence not submitted within the deadline. | ||
All evidence must be organized, clear, and legible. The first page of your evidence package should be an index, clearly numbering and describing the evidence included. All parties should have identical copies of your evidence package, so everyone can follow along during the hearing. | All evidence must be organized, clear, and legible. The first page of your evidence package should be an index, clearly numbering and describing the evidence included. All parties should have identical copies of your evidence package, so everyone can follow along during the hearing. | ||
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===Don't get mad=== | ===Don't get mad=== | ||
Even if you think your landlord is rude or lying, try to stay calm. Don't interrupt. Your behaviour in the hearing can influence the | Even if you think your landlord is rude or lying, try to stay calm. Don't interrupt. Your behaviour in the hearing can influence the arbitrator's decision. | ||
===Take an interpreter=== | ===Take an interpreter=== | ||
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===Mistakes in the arbitrator's decision=== | ===Mistakes in the arbitrator's decision=== | ||
You can ask | You can ask an arbitrator to correct a mistake in the decision within 15 days of receiving it. For example, if you won at dispute resolution but there is no mention of getting your $100 filing fee back, it may be a mistake. You can also ask for reasons for the decision, if they are missing or not clear. You must fill out a form from the Residential Tenancy Branch called [http://www.rto.gov.bc.ca/documents/RTB-6.pdf Request for Correction] or [http://www.rto.gov.bc.ca/documents/RTB-38.pdf Request for Clarification]. | ||
== Review of a dispute resolution decision == | == Review of a dispute resolution decision == | ||
