CTS3884 – Notice of Default – Residential Tenancy Matters

Jurisdiction: Canada — Alberta

What is a CTS3884 – Notice of Default – Residential Tenancy Matters?

This form tells the Residential Tenancy Dispute Resolution Service that a default occurred. You use it when a party fails to follow an existing RTDRS Order or settlement. It is not a new claim. It records a breach of terms that already exist. It asks RTDRS to activate the consequences set out in that Order.

You typically file this form after you have an RTDRS Order or a written settlement. The Order or settlement sets deadlines and obligations. Those obligations can include payment plans, move-out dates, repairs, or conduct terms. When a party misses a deadline or does not take the required action, you can file the Notice.

Landlords, tenants, agents, and property managers use this form. Corporate landlords or tenants can have a representative file it. Legal counsel can file it, too, if appointed. Anyone named as a party in the file may use it.

You need this form to move an existing RTDRS decision forward. Many Orders include conditional terms. For example, an Order may allow a tenant to stay if payments are made on time. If a payment is missed, the Order may allow quick enforcement after a default is documented. The Notice of Default documents the breach. It also provides proof. It gives the other party clear notice. It helps RTDRS decide if further steps are needed.

Typical usage includes missed rent payments under a payment plan. It also includes failure to vacate by a set date. It can include failure to complete repairs by a deadline. It can include failure to return a security deposit or inspection reports as directed. It can include a breach of a conduct term, such as noise or smoking limits, if covered by the Order. You file the Notice to show what went wrong and when. You attach documents that prove the default.

Filing this form does not change your Order. It triggers the parts of the Order that deal with default. It can lead to fast action if the Order allows it. RTDRS may issue further directions. It may accept the default on the record and confirm the next step. It may ask for brief submissions if the facts are unclear. Your goal is simple. You want the record to show a clear breach so enforcement can proceed.

When Would You Use a CTS3884 – Notice of Default – Residential Tenancy Matters?

You use this form when a party does not do what the RTDRS Order requires. You also use it when a party fails to follow a signed settlement filed with RTDRS. The most common case is a missed payment under a payment schedule. For example, an Order might require a tenant to pay rent arrears in three installments. If the tenant misses an installment, you file this Notice. You attach proof like bank records or a payment ledger.

Another common case is a failure to move out on time. Your Order may grant possession on a set date. It may set a later date if certain payments are made. If the move-out date passes with no vacancy, you file this Notice. You include photos, keys not returned, or a witness statement. You show that possession did not occur as ordered.

Tenants use this form as well. Your Order may require the landlord to complete repairs by a deadline. If the landlord does not complete the work, you file a Notice. You include dated photos and work quotes. You ask that the conditional relief be activated. That might include an abatement or another direction listed in the Order.

You also use the Notice when a party fails to return a security deposit as ordered. If the Order sets an amount and a due date, and payment does not arrive, you file the Notice. Attach your bank statement and any communications. Note any partial payments received.

Property managers and agents file this form on behalf of a landlord company. The same is true for a tenant company or business tenant. The key point is the same. The obligation was clear, the deadline passed, and the action did not happen. You use the Notice to show that default, in a clear and dated way.

You should act promptly. Some Orders include timelines for declaring default. Others allow you to file the Notice at any time after a breach. Read your Order. Follow its conditions closely. If unsure, file the Notice as soon as you confirm the default. Waiting can complicate proof and remedies.

Legal Characteristics of the CTS3884 – Notice of Default – Residential Tenancy Matters

This form is part of the RTDRS process. It sits under an existing Order or settlement. The Notice itself does not create new rights. It does not replace the Order. It is a procedural document designed to show non-compliance. It activates the default provisions already built into the Order.

The Notice is legally significant because it is tied to a binding decision. RTDRS Orders are enforceable. Many Orders include conditional terms that depend on compliance. For example, a conditional possession clause may activate on default. The Notice provides the required trigger. It shows what obligation failed, when, and how. It gives the other party notice and a chance to respond.

Enforceability depends on a few key factors. The original Order must be clear. The default must be real and measurable. You must serve the Notice correctly. You must attach proof that supports the default. When these conditions exist, the Notice supports quick steps. That may include confirming possession or confirming a sum owing. It may lead to a short written process. In clear cases, no new hearing may be needed. If the facts are disputed, RTDRS may seek more details.

Accuracy and good faith matter. You must not overstate the breach. If partial payments were made, state them. If a repair is underway, state the status. If a deadline was extended by agreement, include that detail. Misstating facts can delay your file. It can also harm your credibility.

Privacy and clarity matter as well. Include only what is needed to prove the default. Redact bank account numbers except the last digits. Label evidence clearly. Keep your language simple and factual. Avoid argument. Let your evidence do the work.

Finally, follow any specific directions in your Order. Some Orders require a waiting period before enforcement. Some require service by a specific method. Some list a specific person to serve. If your Order sets conditions for default, the Notice should show that you met them.

How to Fill Out a CTS3884 – Notice of Default – Residential Tenancy Matters

Follow these steps to complete the form and support it.

1) Gather your documents.

• Get a full copy of the RTDRS Order or settlement. Use the signed version.
• Collect proof of the default. Use bank records, receipts, photos, emails, or texts.
• Collect any prior notices you sent after the Order was issued.
• Confirm the other party’s service address listed in the case file.
• Prepare a short timeline of the default. Keep dates and amounts clear.

2) Identify the file.

• Enter the RTDRS file number exactly as shown on your Order.
• Enter the style of cause. List the Applicant and Respondent names in the same order.
• If a party changed its name or moved, note the prior details in brackets.

3) Confirm who you are.

• State your name and role. For example, “Landlord,” “Tenant,” or “Property Manager.”
• If you are an agent, confirm your authority. Attach a signed authorization if needed.
• Provide your contact details. Include email, phone, and an address for service.

4) Describe the Order you rely on.

• Enter the date of the RTDRS Order or the date of the filed settlement.
• Identify the hearing officer or file manager if the form asks for it.
• Reference the specific clauses that set the obligation and the default trigger.
• Quote short clauses if space allows. Attach the Order and mark those clauses.

5) Describe the obligation that was breached.

• State the exact duty. For example, “Pay $500 on the first of each month.”
• Give the deadline stated in the Order. Use specific dates.
• Note any grace period in the Order, if it exists.
• If the duty was conditional, explain the condition in one line.

6) Describe the default.

• State what did not happen and when.
• If it is a payment default, list the amount missed and the due date.
• If it is a repair default, list the work not completed and the deadline.
• If it is a move-out default, state the possession date and current status.
• If any partial steps were taken, list them. Do not hide them.
• Keep the narrative factual and neutral.

7) Attach proof.

• For payments, attach bank records, e-transfers, or ledgers.
• For move-out issues, attach photos, keys, logs, or witness notes.
• For repairs, attach photos, estimates, and inspection notes.
• For communications, attach emails or texts. Include dates and sender names.
• Label each attachment. Use Exhibit A, B, C, and so on.
• Write a one-line description under each exhibit label.

8) State what you want to happen now.

• Read the Order’s default section. Keep your request within those terms.
• Ask to activate conditional possession if the Order says so.
• Ask to confirm the full balance due if a payment plan failed.
• Ask to release the security deposit if the Order allows it.
• Ask for any next steps the Order lists by default.
• Do not ask for new remedies not in the Order.

9) Confirm service details.

• Choose a service method permitted by your Order or RTDRS rules.
• Common methods include email, personal service, or registered mail.
• Use the service address on file unless the Order says otherwise.
• If email service is allowed, use the email in the case file.
• Plan your service and keep proof, like a delivery receipt.

10) Complete the declaration.

• Most versions include a declaration or statement of truth.
• Read it and confirm you understand it.
• Sign and date the form.
• Print your name clearly. State your role under your name.
• If the form allows an e-signature, follow the instructions.
• Your signature confirms the facts to the best of your knowledge.

11) Add schedules if needed.

• If the form lacks space, add a Schedule A for details.
• Use Schedule A for a payment table or a repair list.
• Use Schedule B for a timeline or communications index.
• Number the pages and cross-reference them in the form.
• Keep schedules clear and short. Use dates and amounts.

12) Review for accuracy and tone.

• Check names, dates, and amounts.
• Confirm that your request matches the Order’s default terms.
• Remove argumentative language. Keep it factual and neutral.
• Ensure exhibits are legible and properly labeled.
• Confirm that private data is redacted where possible.

13) File the form.

• Submit the Notice to RTDRS following the current filing options.
• Pay any fee, if required.
• Keep a copy of the receipt and the filed document.
• Note any tracking number provided at filing.

14) Serve the other party.

• Serve the filed Notice and exhibits on the other party.
• Use the approved method and timeline.
• Keep proof of service. This can be an affidavit, email receipt, or courier slip.
• If the Order requires a waiting period, note the date it ends.

15) Prepare for next steps.

• RTDRS may accept the default on the record and issue directions.
• RTDRS may ask for short written submissions.
• RTDRS may set a brief hearing if facts are disputed.
• Keep your phone and email available. Respond promptly to requests.

16) Common mistakes to avoid.

• Do not claim default before the deadline passes.
• Do not ignore partial performance. Disclose it.
• Do not request remedies not in the Order.
• Do not fail to serve the other party.
• Do not submit unreadable or unlabeled exhibits.
• Do not assume default if the Order allowed an extension you granted.

17) If the default is cured late.

• Note any late payment or late action in a short update.
• You can withdraw or amend your Notice if appropriate.
• If you still seek relief under the default clause, explain why.
• Show how the late cure does not meet the Order’s terms.

18) If you are the alleged defaulting party.

• Read the Notice and the Order carefully.
• If you agree, cure the default immediately.
• If you disagree, prepare proof and a short explanation.
• Send your response to RTDRS and the other party.
• Keep your response focused on facts and dates.
• Avoid arguments not tied to the Order’s terms.

19) Keep records.

• Keep copies of all filings, service proofs, and exhibits.
• Keep a running ledger of payments and credits.
• Keep photos and videos with date stamps.
• Good records speed up decisions and enforcement.

20) Align your timing with the Order.

• Some Orders set exact default timelines.
• Some require a notice period before enforcement.
• Some list a specific date when conditional relief activates.
• Follow those instructions strictly. Your notice should mirror them.

By following these steps, you present a clear and complete Notice. You show what was required, what happened, and what you want. You keep your request within the Order’s terms. You serve the other party and prove it. You give RTDRS what it needs to act.

A strong Notice shares three traits. It is precise. It is supported by evidence. It asks only for what the Order allows. If you keep to those, you increase speed and reduce disputes.

If the default involves safety or urgent conditions, say so. Keep your language calm and factual. Point to the clause that connects the urgency to the default relief. Attach photos or other proof of the risk. Urgency alone does not replace the Order’s terms. It can, however, help set priorities.

Finally, remember your audience. A decision maker needs clarity, not volume. Put the key facts in the first paragraph of your description. Use the exhibits to prove them. That approach helps the process move quickly and fairly for both sides.

Legal Terms You Might Encounter

• Default means someone failed to do what an order required by a set date. On this form, you declare the specific term that was missed, such as an unpaid amount or a possession date that passed.
• An order is the written decision that sets out what each party must do and when. Your Notice of Default links directly to that order, so you must reference its date and paragraph numbers precisely.
• Conditional order is an order that depends on something happening by a deadline, like paying arrears in instalments. If the condition is not met, you use this form to show the missed step and request the consequence of the order already set.
• Applicant is the person filing the Notice of Default. If you applied for the original order, you will usually be the applicant again when you file this notice.
• Respondent is the other party named in the original order. You must identify the respondent exactly as shown in the order, including any middle initials or legal names.
• Arrears are unpaid amounts that are already due under the order, such as rent, utilities, or costs. On this form, you identify the arrears tied to the order, not new charges that arose later.
• Possession refers to the right to occupy the rental premises. If the order says you may gain or regain possession if a condition is missed, you use this form to confirm the missed condition and request possession.
• Service means delivering documents to the other party in a way that the rules accept. With this notice, you may need to prove service, so record how and when you sent it.
• Affidavit or statutory declaration is a sworn or affirmed statement of facts. If the form or registry asks for sworn proof of default or service, you may need to swear the details before a commissioner for oaths.
• Commissioner for oaths is a person authorized to take sworn statements. If your form requires a sworn signature, you must sign in front of a commissioner and include their details on the page.
• Registry is the office that receives and processes your filing. You file the notice at the registry that handles your residential tenancy matter, using the file number from your order.
• Costs are expenses awarded in order, such as filing fees. If the order makes costs payable on default, note them clearly when you complete this form.
• Stay means a temporary pause on enforcement. If your order is stayed, you cannot enforce it during the stay, so filing the notice may have to wait until the stay ends.
• Enforcement means taking steps to make the order happen, such as possession or collection. The notice is often the step that confirms non-compliance, so enforcement can proceed as set out in the order.

FAQs

Do you use this form when a payment plan in the order was missed?

Yes. If your order set a payment schedule or a deadline and the other party missed it, you use this notice to confirm the default. Point to the exact paragraph of the order and attach proof, like a payment history. This form does not change the order; it confirms the missed step so the consequence in the order can take effect.

Do you serve the other party with the notice?

Usually yes. Check the service section of the form and your order. Many orders require you to serve the other party and file proof. Keep a record of how and when you served, such as email delivery receipts or a courier confirmation.

Do you need to attach evidence of the default?

Attach clear, simple proof that relates to the missed requirement. Examples include bank statements showing no payment received, copies of e-Transfers, or dated photos confirming possession was not returned. Label each page and connect it to the paragraph in the order. Avoid extra documents that do not prove the default.

Do you pay a filing fee for this notice?

A fee may be required. Check the fee schedule when you file. If a fee applies, have a payment method ready and keep your receipt. If your original order awarded costs of enforcement, you may later ask to recover this fee as allowed by the order.

Do you get a new hearing after filing the notice?

Not always. Some orders set an automatic consequence on default and do not require another hearing. Others require the registry to review your notice or schedule a short appearance. Watch for instructions after you file and calendar any date you receive.

Do you use this form to claim new amounts that arose after the order?

No. Use this notice only to report a default under the existing order. It is not a new claim form. If you need to add new amounts not covered by the order, consider a separate process.

What if the other party cures the default after you file?

Document the payment or action that cures the default and notify the registry promptly. You may withdraw or amend your filing if the default is fully resolved. Get written confirmation of any resolution and keep it with your records.

Do you need a commissioner for oaths to sign this form?

If the form or a supporting affidavit requires a sworn signature, you must sign in front of a commissioner for oaths. Bring photo ID and unsigned documents. The commissioner will complete their section with the date, location, and their appointment details.

Checklist: Before, During, and After the CTS3884 – Notice of Default – Residential Tenancy Matters

Before signing

• Final order: A complete copy of the order you say is in default, including all pages.
• File number: The exact file number as shown on the order.
• Party details: Full legal names and contact details for both sides, matching the order.
• Paragraphs in default: The specific clauses and deadlines you will reference.
• Timeline proof: A simple timeline of due dates and what happened.
• Evidence of non-compliance: Payment records, bank statements, e-Transfers, messages confirming non-payment, move-out photos, and key exchange notes.
• Service plan: How you will serve the notice and any supporting affidavits.
• Commissioner access: A plan to meet a commissioner for oaths if a sworn signature is required.
• Fee readiness: A payment method for any filing fee.
• Contact details: Your email, phone, and mailing address for registry updates.

During signing

• Correct form: Confirm you are using CTS3884 and the latest version.
• Names and roles: Check that “Applicant” and “Respondent” appear exactly as in the order.
• Order details: Confirm the order date, issuing body, and file number.
• Default description: State what was due, the due date, and what did or did not happen.
• Paragraph citation: Reference the exact paragraphs of the order that were missed.
• Relief requested: Match your request to the consequence listed in the order.
• Attachments: Mark exhibits clearly (e.g., “A”, “B”) and labels each page.
• Dates and totals: Double-check amounts, interest (if the order mentions it), and dates.
• Sworn sections: If required, sign in front of a commissioner for oaths and have them complete their portion.
• Legible copies: Ensure every page is readable, dated, and signed where required.

After signing

• Make copies: Keep a full copy set for yourself before filing.
• File the notice: Submit to the correct registry using the file number on your order.
• Pay fees: Keep the filing receipt with your records.
• Serve the other party: Deliver the filed notice as the rules and your order require.
• Proof of service: Prepare an affidavit or declaration of service if required, with attachments.
• Calendar deadlines: Note any response period, review date, or enforcement window.
• Follow up: Confirm acceptance or review status with the registry if you hear nothing by the expected time.
• Prepare for enforcement: If the order allows immediate steps on default, line up next actions consistent with the order.
• Record-keeping: Store the filed notice, proof of service, and registry communications together.

Common Mistakes to Avoid

Naming or file number errors

• Don’t forget to match names and the file number to the order exactly. A mismatch can cause rejection or delay and may require refiling.

Vague or unsupported default claims

• Don’t say “no payment” without proof. Missing bank records or unclear dates can lead to a refusal to act on your notice.

Asking for relief not in order

• Don’t request new remedies or extra amounts. If it is not in order, the registry may decline your request.

Skipping service or serving incorrectly

• Don’t assume service is optional. Improper service can pause enforcement and force you to serve again.

Unsigned or unsworn sections

• Don’t leave sworn sections unsigned or forget the commissioner’s details. Incomplete signatures make your filing invalid.

What to Do After Filling Out the Form

File it with the correct registry

• Submit the completed notice using the file number on your order.
• Include all exhibits. Ensure pages are in order and clearly labeled.
• Pay any fee required and keep the receipt.

Serve the other party

• Serve the filed notice as required by the rules and your order.
• Use a reliable method you can prove later. Keep delivery confirmations.
• If an affidavit of service is needed, swear it promptly and file it.

Monitor for next steps

• Watch for confirmation, requests for more information, or a scheduled review date.
• If the order sets an automatic consequence on default, prepare to act within that window.
• If a brief appearance is scheduled, bring the order, notice, and proof of default.

Proceed with enforcement as allowed by the order

• If possession is authorized on default, coordinate lawful enforcement steps.
• If payment collection is authorized, gather any documents needed by an enforcement officer.
• Do not take self-help steps not allowed by the order.

Handle changes or cures

• If the respondent cures the default after filing, document it.
• Notify the registry of the cure and ask if you should withdraw or amend.
• If a partial cure occurs, clarify what remains outstanding with updated proof.

Amendments and corrections

• If you discover an error, contact the registry to ask how to correct it.
• File an amended notice if permitted, and serve the amended version.
• Keep a record showing what changed and why.

Keep organized records

• Store the order, notice, proof of default, proof of service, and all registry emails.
• Keep notes of calls, dates, and names of people you spoke with.
• Retain records until all steps under the order are complete.

Plan for timelines

• Note any expiry dates, response periods, or enforcement windows set by the order.
• Set reminders a few days before each date to avoid last-minute problems.
• If you need more time for a specific step, ask the registry what options exist.

Stay within the scope of the order

• Use this form only to confirm the default under the existing order.
• For new issues or amounts, consider whether a separate application is required.
• Keep your requests aligned with the wording of the order.