CTS3708 – Certificate under Section 54.4 of the Residential Tenancy Act in Alberta
The document titled “CTS3708 – Certificate under Section 54.4 of the Residential Tenancy Act in Alberta” is a legal form used in the province of Alberta, Canada, related to the Residential Tenancy Act. It serves as a certificate to be filed in court, either in the Court of Queen’s Bench of Alberta or the Provincial Court of Alberta, Civil Division, as part of a landlord/tenant dispute process.
The main purpose of this certificate is to affirm that the applicant, who could be either the landlord or the tenant (or an agent acting on behalf of one of these parties), has not previously filed a notice of application for a hearing concerning the same matter with the Dispute Resolution Service. Furthermore, it certifies that the applicant has not been served with, nor are they aware of any notice of application for a hearing being filed by another party regarding the same dispute. Additionally, it includes a commitment that the applicant will immediately inform the court clerk in writing should they be served with a notice of application for hearing or become aware of one being filed on the same matter thereafter. This certificate is a crucial step in the process of resolving residential tenancy disputes in Alberta, ensuring that all parties are aware of and have not previously engaged with the Dispute Resolution Service about the same issue before proceeding through the court system.
Filling out the “CTS3708 form is a crucial step in the legal process for resolving disputes between landlords and tenants in Alberta. Below is a step-by-step guide to help you accurately complete the form:
Step 1: Action Number
- Action Number: At the top of the form, enter the action number associated with your case. This is a unique number assigned by the court to identify your dispute case.
Step 2: Court Information
- Court of Queen’s Bench of Alberta: Check this box if your case is being filed in the Court of Queen’s Bench of Alberta.
- Provincial Court of Alberta, Civil: Check this box if your case is being filed in the Provincial Court of Alberta, Civil Division.
Step 3: Party Information
- Landlord/Tenant: Enter the names of the landlord and tenant involved in the dispute in the spaces provided. This section helps identify the parties involved in the case.
Step 4: Certificate Information
- Applicant/Agent for the Applicant: In the provided space, write the name of the person completing the form, whether it is the landlord, tenant, or an agent acting on behalf of one of these parties.
Step 5: Certifications
Under the section that starts with “hereby certify that I or the Applicant:”, you are required to affirm the following by filling out the form:
- (a) Have not filed a notice of application for hearing with the Dispute Resolution Service pertaining to the same matter.
- (b) Have not been served with, and am not aware of any filing of, a notice of application for hearing with the Dispute Resolution Service.
- (c) Will immediately notify the clerk in writing if I or the Applicant is served with or become aware of any filing of, a notice of application for hearing pertaining to the same matter.
Step 6: Date and Location
- Dated: Enter the date when you are filling out the form.
- At: Write the city in Alberta where you are completing the form.
Step 7: Signature
- Signature of Applicant / Agent: The person filling out the form should sign here to confirm the accuracy of the information and the commitments made in the certificate.
- Print Name: Below the signature, print the name of the person who signed the form.
Additional Steps
- After completing the form, double-check all entries for accuracy.
- If you are filling out a physical copy of the form, make sure your handwriting is legible.
- Once the form is completed and checked for accuracy, follow the instructions provided by the court or legal entity for submitting the form. This might include mailing it, submitting it in person, or electronically, depending on the options available.
Remember, this form is a legal document, and it is essential to be truthful and accurate in the information you provide. If you have any doubts or require clarification on how to fill out any part of this form, consider seeking legal advice from a qualified professional to ensure that you comply with all requirements of the Residential Tenancy Act in Alberta.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.