Alberta RTDRS Repair Application — Dual-Track Narrative (PHA + RTA s.37)
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Case summary for the Tenancy Dispute Officer and AHS
Organise your facts. Most come straight from your stage-1 demand letter. Alberta runs TWO tracks: PHA s.62 for the repair order, RTDRS / Court for monetary remedies. This narrative speaks to both.
This letter will cite
Alberta Residential Tenancies Act SA 2004 c.R-17.1 ss.16(c), 23, 28 (gated on PHA order), 37 (damages, abatement, cost-of-performing), 38 (start-of-tenancy KB), 54.1-54.8 RTDRS, 54.3 forum-exclusion; Public Health Act RSA 2000 c.P-37 ss.5(3), 62, 62.1, 63; Limitations Act s.3; Legal Profession Act s.106
Your narrative documents the tenancy, repair issues, notice history, requested PHA remedies (inspection, s.62 order, AHS carry-out under s.62.1 + cost recovery under s.63), and requested RTA remedies (damages, abatement, cost-of-performing reimbursement under s.37, court termination under s.37(d) if applicable). Forum choice: RTDRS / Alberta Court of Justice / King's Bench. PHA track is parallel.
Forum-exclusion rule (RTA s.54.3): RTDRS and Court are mutually exclusive on the same matter. PHA track runs in parallel.
Estimate the proportionate value loss (e.g., $600/month if half the unit is unusable on a $1,200 unit). The Tenancy Dispute Officer / Court will set the actual figure.