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

Jurisdiction: Country: Canada | Province/State: Alberta

What is a CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act?

The CTS2905 is a court form you use to ask the Alberta Court of King’s Bench for an order under the Residential Tenancies Act (RTA) or the Mobile Home Sites Tenancies Act (MHSTA). It is the formal notice to the other party that you are bringing an application and the court will hear it on a specific date. It sets out what order you want, the legal basis, the facts supporting your request, and what evidence the court will consider.

Who uses this form? Both landlords and tenants use it. Property managers and agents can use it if authorized by a landlord. Manufactured home site landlords and tenants also use it. You file it when you want the Court of King’s Bench to decide an issue that falls under the RTA or MHSTA. The form is part of a streamlined process specific to residential tenancy disputes in Alberta’s superior court.

Why would you need this form? You need it when you want a court order rather than an administrative decision. Some issues require a court order. Some parties choose court because the remedies they need are better suited to a court process. You may also need this form to enforce rights or to get urgent relief where time matters. If you need possession by a firm date, or need to stop an unlawful action, the court can act quickly. In short, you use CTS2905 to bring your tenancy issue before a judge.

Typical usage scenarios include applications for possession due to unpaid rent or substantial breach, orders confirming a termination is valid, orders for arrears of rent and late fees, and orders requiring return of a security deposit with interest. Tenants commonly apply for abatement of rent because of serious maintenance failures, orders compelling repairs, or compensation for illegal lockouts or withheld essential services. In the mobile home context, site tenants use it to challenge improper rent increases, unlawful terminations of site tenancy, or park rule changes that are not enforceable. Landlords of mobile home sites use it to seek possession orders, orders respecting abandoned homes, or to resolve disputes over site rule compliance.

The CTS2905 also functions as your “originating” document in these statutory applications. You do not need to start a separate lawsuit. The form frames the dispute within the authority granted by the RTA or MHSTA. You state the particular section of the Act that applies, the property address, and the remedy sought. You attach your evidence by affidavit and bring a draft order for the judge to sign if the application is granted.

In plain terms: this is the court’s invitation to hear your tenancy dispute, told to the right people at the right time with the right supporting documents. It starts the process and ensures everyone has notice of the hearing.

When Would You Use a CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act?

You use this form when you need a court order on a residential tenancy issue in Alberta. If you are a landlord facing a tenant who has stopped paying rent and refuses to leave, you can seek a possession order and judgment for arrears. If you have already given a proper notice of termination and the date has passed, you can ask the court to enforce it. The form allows you to set a hearing date and tell the tenant what you want the judge to order.

If you are a tenant dealing with serious habitability problems, you can ask for an order requiring repairs or reducing rent for the period you lived with the issue. You can apply for compensation if the landlord shut off heat or water, changed locks, or entered your unit without permission. If the landlord failed to return your security deposit with a proper statement within the required time, you can ask for its return plus interest.

Manufactured home site tenants often use this form to challenge a notice to terminate that does not comply with the MHSTA. For example, a landlord may try to end a site tenancy on inadequate grounds or without proper notice periods. You can ask the court to set aside the notice or extend time. You can also apply to resolve disputes over park rules, rent increases, or services included with the site. If moving your home is prohibitively expensive, you may seek relief tailored to the MHSTA context, such as time extensions or compensation orders.

Landlords of mobile home sites use the form to seek possession based on substantial breach or non-payment of site rent. They may also need orders dealing with abandoned property, unpaid utilities, or removal of a home after termination. The court can make orders that take into account the complexity of moving a manufactured home and the interests of other park residents.

Property managers use the form when acting for a landlord with written authority. Corporate landlords use it to address issues in multi-unit properties and site parks. Tenants with disability-related accommodation disputes may apply for orders to enforce quiet enjoyment or access-related repairs, where the facts support relief under the Act.

You also use the form when urgent timing is key. If there is a risk of property damage or ongoing safety concerns, you can seek a short-notice hearing where justified. If a winter utility shutoff is looming, you can ask the court to prevent it pending resolution. Conversely, if you are defending a termination that would render you homeless, you can ask to suspend enforcement until the court decides the issue.

Finally, you may choose the court route if you seek remedies or clarity that you cannot get elsewhere. Some disputes are too complex or require orders framed by a judge. The form gives the court jurisdiction to decide and allows you to rely on sworn evidence.

Legal Characteristics of the CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act

This form is a procedural court document. It is not the court order itself. Its legal force comes from the Acts and the court’s rules, which allow parties to bring applications on notice. It sets a hearing date and informs the other party of the relief sought, the legal basis, and the evidence you will rely on. When filed and served properly, it engages the court’s authority to hear and decide your tenancy dispute.

The notice is legally significant because it ensures procedural fairness. The responding party knows what you want and why. They get a chance to file responding evidence and attend the hearing. This is essential for any enforceable court order. If the notice is defective or service is improper, the court may adjourn the hearing or dismiss the application. Proper completion and service are what make the process enforceable.

Enforceability turns on several things. First, the court must have jurisdiction under the RTA or MHSTA to grant the relief you seek. Your notice should point to the relevant section and show the facts fit that section. Second, you must file and serve the form within any time limits set by the Acts, such as deadlines to challenge or confirm a notice. Third, you must serve the respondent in a way the court accepts. Personal service is the norm. If that is not possible, you can ask for a substitution method. Fourth, your evidence must be in admissible form. The court generally expects affidavits attaching key documents. Finally, you should provide a draft order that the judge can sign if you are successful.

There are general legal considerations to keep in mind. The Acts set out specific notice periods and content requirements for terminations, rent increases, and entry. The court will examine whether those were met. Good faith matters. If you bring a claim, you must show clean hands and compliance with your own duties. Mitigation also matters for money claims. You must show reasonable steps to reduce losses. Costs can be awarded. If you advance or resist an application unreasonably, the court may order you to pay costs.

Service addresses are important. Use the address for service stated in the tenancy agreement or the last known address. For a mobile home site tenant, the site address and any mailing address given in the lease are relevant. For corporate parties, serve the registered office or authorized agent. For an absent tenant, you may need a substitution order allowing service by posting or email. If you skip proper service, your order can later be set aside.

Finally, remember that the notice starts a court file. Your statements are serious. Misleading the court can attract penalties. Keep your claims precise, fact-based, and tied to the Acts. The court is there to enforce statutory rights and obligations, not to rewrite your contract. If you ask for relief outside the Acts, the court may decline to grant it.

How to Fill Out a CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act

Follow these steps to complete the form correctly and set your application for hearing.

1) Identify the correct court and location.

State “Court of King’s Bench of Alberta” at the top. Choose the judicial centre closest to the rental premises or where the dispute arose. Using the wrong location can delay your hearing. If there is an existing court file involving the same tenancy and parties, use the same file number. If not, the clerk will assign a new one when you file.

2) Style of cause: name the parties.

List yourself as “Applicant.” List the other side as “Respondent.” Use full legal names. For a corporate landlord, use the exact corporate name. For a property manager acting for a landlord, you can name the landlord as applicant and note your role in the affidavit. For a mobile home park, list the site landlord entity. If there are multiple tenants on the lease, name each. If there is a guarantor and you want a money order against them, name the guarantor as a respondent.

3) Provide addresses for service.

Insert your mailing address, email, and phone number. Do the same for the respondent, if known. If the respondent is a tenant, include the rental unit or site address and any email used in the tenancy. If the respondent is a corporation, use its registered office. Accurate service information helps avoid adjournments.

4) Set the hearing date and time.

Ask the clerk about available dates for RTA or MHSTA applications. Some judicial centres have specific days for these matters. Choose a date that allows enough time for service. Enter the date, time, and location on the form. Do not pick an unrealistic timeline. If you need urgency, be ready to explain why in your affidavit.

5) State the Act and the relief you seek.

In the space for “Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act,” specify which Act applies (RTA or MHSTA). List the orders you want in clear, numbered paragraphs. Use plain language. Examples: – An order for vacant possession of [address] effective [date]. – Judgment for rent arrears of $[amount] to [date], plus late fees as allowed. – An order requiring the landlord to complete specified repairs by [date]. – An order that the landlord return the security deposit of $[amount] plus interest. – An order setting aside the notice of termination dated [date]. – An order reducing rent by [percentage or amount] for [period]. – An order authorizing substituted service by [method], if needed.

6) Link your request to statutory grounds.

Right after each requested order, reference the section of the RTA or MHSTA that supports it. Keep it short. For example: “under section [X] of the [Act].” You do not need long legal argument here. The goal is to show the court you are within the statute.

7) Summarize the factual grounds.

Provide a concise summary of the key facts that support the orders. Keep this section tight and factual. Include dates, amounts, and what notices were given. Examples: – The tenant has not paid rent since [date]. Monthly rent is $[amount]. A termination notice for non-payment dated [date] was served by [method]. – The landlord failed to restore heat from [date] to [date] despite written requests. Temperatures were below seasonal norms. – The landlord retained the security deposit after tenancy ended on [date] without a proper statement.

8) List the evidence you will rely on.

State that you will rely on an affidavit and attach it when you file. Identify the affiant by name and the date it is sworn. If you have more than one affidavit, list each. Attach key exhibits to the affidavits: the lease, notices, photographs, rent ledger, inspection reports, emails, texts, utility bills, and estimates. If you seek possession, include evidence of service of any termination notice.

9) Attach a draft order.

Prepare a short, clear draft order that matches the relief you seek. Keep the language precise and enforceable. Include the property or site address and any deadlines. If you want a money judgment, specify amounts and interest where appropriate. If you seek repair orders, describe the required work and completion date. Judges appreciate a workable draft.

10) Complete the warning and attendance language.

The form includes a notice to the respondent that they may be affected and should attend. Ensure that section is complete and clear. Insert your contact information so the respondent can reach you to discuss adjournments or settlement.

11) Sign and date the notice.

Sign the form where indicated. Print your name below the signature. Enter the date you sign. This is distinct from the affidavit, which must be sworn before a commissioner or notary.

12) File the form with the court.

Bring the completed CTS2905, your supporting affidavit(s) with exhibits, and your draft order to the Court of King’s Bench clerk’s office. Pay the filing fee. Ask the clerk to stamp copies for service. Keep a stamped copy for your records.

13) Serve the respondent properly and on time.

Serve the filed notice and all supporting materials on each respondent. Use personal service unless the court allows another method. For an individual, hand delivery works. For a corporation, serve the registered office or an authorized officer. If you cannot locate the respondent, make a separate application for substitution and ask to serve by posting, email, or another reliable method. Record the date, time, place, and method of service.

14) Prepare and file proof of service.

Complete an affidavit of service. Attach any delivery confirmations or photos if you used a substitution method the court allowed. File the affidavit of service before the hearing or bring it to court. Without proof of service, your application may be adjourned.

15) Get ready for the hearing.

Organize your materials. Bring the originals and two extra copies for the court and the other side. Tab your exhibits. Prepare a brief outline of what you will say. Keep it focused: what order you want, what section of the Act applies, the key facts, and where the evidence is in your affidavit. If the other side filed materials, read them and be ready to respond.

16) Attend the hearing and present your case.

Arrive early. Check in with the clerk. When your matter is called, state your name and role. Tell the judge the orders you seek and, in two or three points, why the Acts allow them. Refer the judge to your affidavit paragraphs and exhibit tabs for the key facts. Answer questions directly. Stay on point and respectful.

17) After the decision, finalize the order.

If the judge grants your application, update your draft order to reflect any changes the judge makes. The judge will sign it. Get a filed copy. Ask about next steps if you need enforcement. For possession orders, note the effective date and any enforcement conditions. For money judgments, you may need to take further steps to collect.

18) Common mistakes to avoid.

Do not leave the hearing date blank. Do not omit the property or site address. Do not forget to attach the lease and notices, if they exist. Do not list relief that the Acts do not authorize. Do not undercut your case with vague facts. Specifics matter. Do not ignore service requirements. If timing is tight, explain why you need urgency in your affidavit.

19) Practical examples.

A landlord files CTS2905 seeking possession and $3,200 in arrears after two months of missed rent. They attach the lease, rent ledger, and a termination notice for non-payment. They serve the tenant personally and file an affidavit of service. At the hearing, they point to the unpaid months, the notice date, and the tenant’s ongoing occupation. The judge grants possession in seven days and a money judgment.

A tenant files CTS2905 seeking return of a $1,200 security deposit and interest. The tenancy ended six weeks ago. No statement of account was provided. The tenant attaches the lease, move-out inspection photos, and emails requesting the deposit. The court orders the deposit returned with interest and a deadline for payment.

A mobile home site tenant files CTS2905 to set aside a termination notice that gave insufficient time to move a manufactured home. The tenant attaches the lease, the notice, and estimates for moving the home. The court sets aside the notice and grants timelines aligned with the MHSTA.

20) Final checks before filing.

Read your notice aloud. Confirm it states the Act, the remedy, the grounds, and the evidence. Confirm the hearing details and addresses for service are correct. Make sure your affidavit is sworn, signed, and exhibits are marked. Assemble your package in this order: notice, affidavit(s) with exhibits, draft order. File and serve without delay.

If you follow these steps, the court will have what it needs to hear your application. You will have given the respondent proper notice. You will have put forward clear facts and evidence that fit the Acts. That is the foundation for a focused hearing and a workable order.

Legal Terms You Might Encounter

When you complete the CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act, you will see common court and tenancy terms. Knowing them helps you fill the form accurately and plan the next steps.

Applicant means the person starting the application. On the CTS2905, you list yourself as the Applicant if you are asking the court for an order under either Act. Your full legal name should match your lease or business records.

Respondent means the person or business you are applying against. On the form, you identify each Respondent with their correct legal name and service address. Use the name on the lease or corporate records for accuracy.

Tenancy premises or site refers to the rental home or the mobile home site at issue. The CTS2905 asks for this address. This anchors the application to the correct property and helps the court understand what you want orders about.

Remedy means the specific order you want the court to make. On the form, you describe the remedy in clear terms, such as possession of the premises, rent repayment, return of a security deposit, or permission to end the tenancy. The court can only consider remedies you list.

Grounds means the reasons that support your request. On the CTS2905, you briefly outline why the court should grant your remedies. You then provide the proof in your attached documents or at the hearing. Keep the grounds factual and focused.

Service means delivering the filed CTS2905 and any supporting materials to each Respondent in a permitted way. The form includes space to note how and when you will serve, or you will file a separate proof of service. Without proper service, the hearing may be delayed or dismissed.

Affidavit and exhibits are written, sworn statements and attached proof. Although the CTS2905 itself is a notice, you may support it with an affidavit that explains key facts. Exhibits can include the lease, notice to vacate, rent ledger, emails, letters, photos, and inspection reports.

Hearing means the date and time when a decision-maker will consider your application. The CTS2905 includes the hearing details. In some locations, the clerk sets the hearing date. In others, you propose a date. The hearing may be in person or by remote means.

File number (or court file) is the number assigned when you file your CTS2905. It tracks your case. You must include the file number on all future documents and use it when you contact the court.

Order is the written decision made after the hearing. If your application is successful, the order sets out the remedies granted and any deadlines. After you receive the order, you must serve it if required and follow any enforcement steps.

Without notice and with notice describe whether the other side receives the materials before the hearing. The CTS2905 is a notice form. You typically proceed with notice unless urgent circumstances apply. If you seek urgent relief, ask the clerk how to proceed.

Adjournment is a rescheduling of the hearing. If you or the Respondent cannot attend, you may need to request an adjournment. The form itself does not grant adjournments. You must follow the process for requesting one and show good reasons.

FAQs

Do you need to file evidence with the CTS2905?

You should plan to attach key documents or bring them to the hearing. The form gives notice of your application, but your evidence proves your case. Typical documents include the lease, notices, rent ledger, photos, inspection reports, and communications. If you use an affidavit, label exhibits clearly.

Do you pick the hearing date on the form?

In some locations, the clerk sets the hearing date when you file. In others, you propose a date. Check the notes on the form and ask the filing counter how dates are set. If you must propose a date, allow enough time to serve the Respondent within the required period.

Do you have to serve the Respondent in a specific way?

Yes. Service must follow the permitted methods for this type of application. Personal delivery and recorded mail are common methods. Email or text may require consent or prior use in the tenancy. Serving a business often involves serving a registered representative. Keep proof of service and file it before the hearing.

Can you apply for more than one remedy on the same CTS2905?

Yes. You can request multiple remedies that arise from the same tenancy, such as possession and rent arrears. List each remedy in the form. Keep your grounds and evidence organized so the court can follow each request.

What if you cannot attend the scheduled hearing?

Request an adjournment as soon as possible. Provide the reason and any proof. Do not assume the hearing will be moved. Unless you receive confirmation, the hearing will proceed. If you miss it, your application may be dismissed or an order may be made without your input.

Do you need the original lease to file?

You do not need the original to file the CTS2905. But you should provide a clear copy to support your application. If the lease is verbal, be ready to explain the terms and provide other proof, such as messages, bank records, or inspection forms.

How do you correct a mistake after you file?

If the mistake is minor, you may file an amended Notice of Application. If the change is significant or you already served the Respondent, you may need permission to amend. File the corrected version promptly and re-serve as required so the Respondent has proper notice.

Does filing the CTS2905 end the tenancy automatically?

No. Filing the notice does not, by itself, end the tenancy or grant possession. You need an order. If the order grants possession or termination, it will specify the effective date and any move-out deadline. Follow the order and any enforcement steps if needed.

Checklist: Before, During, and After the CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act

Before signing: Information/documents needed – Your full legal name and contact details. – Each Respondent’s correct legal name and a reliable service address. – The rental premises or mobile home site address. – The tenancy agreement or clear summary of verbal terms. – Rent ledger showing amounts due and paid. – Copies of any notices given or received about the tenancy. – Inspection reports and move-in/move-out condition records. – Photos, videos, or repair receipts tied to your claims. – Records of communications related to the dispute. – Any prior orders or agreements related to this tenancy. – A clear list of the remedies you want the court to grant. – Your preferred dates you can attend a hearing. – Information on any special accommodation or interpreter needs. – Payment method for filing fees or information for a fee waiver request. – A calendar to track service deadlines and the hearing schedule. – A blank affidavit template if you will file sworn evidence. – A plan for how you will serve each Respondent and by whom. – Extra copies of all documents for service and for the hearing.

During signing: Sections to verify – Confirm the caption: Applicant and Respondent names match legal records. – Check the property address is complete and correct. – Ensure your remedies are listed clearly and specifically. – Summarize your grounds in plain facts. Avoid arguments or emotion. – Confirm the Act that applies to your tenancy type. – Review the hearing section. Leave blank if the clerk sets the date. – Add your contact details for notices and scheduling. – Review any checkboxes or declarations on the form. – Sign and date the form. Use your usual signature. – If using an affidavit, swear or affirm it before an authorized person. – Mark each exhibit clearly with letters or numbers. – Number pages and keep the form tidy and legible. – Make sure the file number is on the form if assigned.

After signing: Filing, notifying, storing instructions – File the CTS2905 with the correct court office for your area. – Pay the filing fee or submit a fee waiver request if needed. – Obtain the file number and confirm how the hearing will be set. – Get a filed copy of the CTS2905 for your records. – Ask about any local requirements for service and proof of service. – Serve each Respondent with the filed CTS2905 and attachments. – Use a permitted method of service. Keep receipts and notes. – Complete and file proof of service before the hearing. – Calendar the hearing date and any deadlines shown on the form. – Prepare a hearing binder with your documents and a brief summary. – Plan your key points. Practice explaining your remedies and grounds. – Confirm how to attend. Test any remote setup if applicable. – Store all paperwork in a safe, organized folder. – Bring or upload extra copies for the decision-maker and Respondent. – Keep your contact information current with the court.

Common Mistakes to Avoid CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act

• Using the wrong party names. Don’t forget to use full legal names for individuals and the correct legal names for businesses. If names are wrong, service can fail and orders may be unenforceable.
• Asking for vague remedies. Don’t forget to state clear remedies, such as a specific rent amount, possession by a date, or return of a deposit. Vague requests may be refused or narrowed.
• Missing service deadlines. Don’t forget to serve within the required time. Late service can lead to adjournment or dismissal, which costs time and money.
• Leaving out key evidence. Don’t forget to include the lease, notices, and rent ledger. Without proof, the court may deny or limit the order.
• Filling in the hearing date when you should not. Don’t forget to ask how dates are assigned. If the clerk sets the date and you fill it in, filing may be rejected or corrected later.
• Incorrect addresses for service. Don’t forget to confirm the Respondent’s current address. Serving the wrong address can void service and delay your case.
• Assuming email service is always okay. Don’t forget that permission or a history of use may be required. If email service is not permitted, the court may not accept your proof.

What to Do After Filling Out the Form CTS2905 – Notice of Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act

1) File the form and get a file number – Take the signed CTS2905 and any attachments to the correct filing counter. Submit the fee or a waiver request. Ask for a stamped copy. Write down the file number and keep it on all documents.

2) Confirm the hearing date and format – Ask whether the clerk sets the hearing or you must propose dates. If a date is assigned, record the time, location, and format. If remote, request instructions for joining and any document upload process.

3) Serve the Respondent properly – Choose a permitted service method for each Respondent. For individuals, personal service is common. For businesses, service on a registered representative is often required. Keep a detailed log of who served, when, where, and how.

4) File proof of service – Complete the proof of service form or affidavit. Attach any delivery receipts. File it well before the hearing. Bring an extra copy to the hearing.

5) Prepare your hearing package – Organize documents in the order you will present them. Create a short outline of your remedies and grounds. Mark exhibits clearly. Prepare two spare sets for the Respondent and the decision-maker.

6) Attend the hearing and present your case – Arrive early or log in early. Have your ID and file number ready. State your remedies clearly. Refer to your documents by exhibit label. Answer questions directly and stick to facts.

7) Receive and review the order – If an order is made, read it carefully. Confirm that it lists all granted remedies and deadlines. If something is missing or unclear, ask politely for clarification before you leave.

8) Serve and comply with the order – If required, serve the order on the Respondent. Calendar any deadlines, such as a move-out date or payment due date. Start any enforcement steps only after the order allows it.

9) Amendments or changes – If you need to change your application before the hearing, prepare an amended notice. File it promptly and re-serve as required. If a material change arises after filing, notify the other side and the court.

10) Settlement or withdrawal – If you settle, put the terms in writing and sign. Ask how to note the settlement on the file. If you wish to withdraw your application, file a notice of withdrawal and inform the Respondent.

11) Aftercare and record-keeping – Keep a complete file: the CTS2905, proof of service, evidence, and the order. Record outcomes and any amounts paid or due. Store records securely for future reference or enforcement.

12) If the order is not followed – Review the order’s enforcement provisions. Some remedies take effect after a set date. Ask the filing counter which enforcement process applies to your order. Bring your order and proof of non-compliance if you need to take further steps.

Practical tips for smoother steps – Build extra time into your plan. Service and scheduling can take longer than expected. – Use consistent labels on all exhibits. This helps the decision-maker follow your story. – Confirm contact details for you and the Respondent are current. Update the court if they change. – Prepare a brief timeline of key dates: lease start, notices, payments, inspections, and events. – Practice a two-minute summary of your application. Be clear and concise.