CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act in Alberta

The following information pertains to a legal document titled “CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act” which is commonly used in Alberta, Canada. This document provides a structured way for landlords or tenants to apply to the court for the resolution of disputes related to residential tenancies or mobile home site tenancies. The form is used to initiate legal proceedings in situations where there is a dispute between a landlord and tenant, particularly when the tenant remains on the premises.

The form offers detailed instructions for filling out and submitting the application. This includes obtaining a copy of the relevant Act, filling out the form, and preparing additional required documents such as the Lease Tenancy Agreement, Statement of Account, and Notice of Termination of Tenancy. The applicant must print multiple copies of the form and accompanying documents, depending on the number of individuals or companies named in the application. The document specifies the exact number of copies required for each situation. It also lists the filing fees associated with the application, which vary based on the claim amount.

It also explains how to schedule hearing dates and the necessity of serving the notice and supporting documents to the other party within the specified timeframe. It provides detailed instructions on how to serve the notice to the other party, including personal service, service by registered mail, and other methods as may be directed by the court. The form includes a section for the Affidavit of Service to document the method and details of how the notice was served.

The purpose of this form is to ensure that disputes related to tenancy are handled fairly and according to the law. It emphasizes the significance of adhering to procedural requirements, from document preparation to service of notice, in pursuing a resolution through the Provincial Court of Alberta.

Filling out the CTS2905 form requires careful attention to detail and an understanding of your situation as either a landlord or tenant. Here is a guide to help you complete the form correctly:

1. Understand the Relevant Acts

Before you start, familiarize yourself with the Residential Tenancies Act or the Mobile Home Sites Tenancies Act. These documents will provide crucial information that can affect your application. They are available through the Alberta King’s Printer Bookstore or online.

2. Fill Out the Application

• Application Details: Identify whether you are applying under the Residential Tenancies Act or Mobile Home Sites Tenancies Act. Mark the appropriate box at the top of the form.
• Applicant Information: Fill in the name of the landlord, tenant, or agent making the application. Include contact information and the address of the premises involved in the dispute.
• Defendant Information: Provide the name and address of the individual/company against whom the application is made.
• Court Location: Specify the court location nearest to the premises for the hearing. This information ensures that the application is heard in the correct jurisdiction.

• Order Sought: Clearly indicate the remedy you seek. This could be for eviction, damages for breach of lease, rent recovery, etc. Check the appropriate box and provide any necessary details.

3. Prepare Additional Documents

Attach additional required documents as per the instructions:

• Lease or Tenancy Agreement: This document outlines the terms agreed upon by the landlord and tenant.
• Statement of Account (if applicable): Provides a detailed account of all transactions between the landlord and tenant.
• Notice of Termination of Tenancy (if applicable): If the application involves the termination of tenancy, include a copy of the notice given.

4. Make Copies

Depending on the number of individuals/companies named in the application, you will need to print multiple copies of the completed form and any accompanying documents. Four copies are needed if one individual/company is named, with an additional two copies for each extra individual/company.

5. File the Application

Take the completed form and all required documents to the court office nearest to the premises. You will need to pay a filing fee, which varies based on the claim amount.

6. Serve the Notice

Legally serve the Notice of Application and all attached documents on the other party. This must be done at least three business days before the scheduled hearing date. The form provides various methods for service, including personal service and registered mail. Choose the method that suits your situation.

7. Affidavit of Service

Complete the Affidavit of Service section to document how and when the other party was served. This is a crucial step to prove that the other party has been notified of the application.

8. Attend the Hearing

Ensure you attend the scheduled hearing, bringing all relevant evidence and documents to support your case. If you are the applicant, be prepared to present your case to the judge. If you are responding to an application, be ready to defend your position.

Remember, the success of your application heavily depends on how well you follow these steps and the clarity of the information you provide. If you are unsure about any part of the process, seeking legal advice or assistance from a legal clinic can be very beneficial.