How to File a BC Tenancy Dispute (RTB-12)

Disputes between landlords and tenants are an unfortunate reality of renting. In British Columbia, the Residential Tenancy Branch (RTB) provides a formal dispute resolution process that is faster and less expensive than going to court. The RTB-12 form is the application you use to initiate this process. Whether you are a tenant dealing with an unreturned security deposit or a landlord facing unpaid rent, this guide explains how to file an RTB-12, prepare your case, and navigate the hearing process.

When Should You File a Dispute?

You should file an RTB-12 when you have a disagreement with your landlord (or tenant) that you cannot resolve through direct communication. Common reasons tenants file disputes include:

• The landlord has not returned the security deposit within 15 days of the tenancy ending.
• The landlord has issued an eviction notice that the tenant believes is invalid.
• The landlord has failed to make necessary repairs that affect the livability of the unit.
• The landlord has increased rent above the allowable limit or without proper notice.
• The landlord has entered the unit without proper notice (24 hours required).
• The landlord is harassing or intimidating the tenant.

Common reasons landlords file disputes include:

• The tenant has not paid rent.
• The tenant has caused damage to the rental unit beyond normal wear and tear.
• The tenant has violated the tenancy agreement (for example, keeping unauthorized pets or subletting without permission).
• The tenant has not vacated the unit after receiving a valid eviction notice.

Before filing, consider whether direct communication or mediation might resolve the issue. The RTB also offers a free compliance and enforcement service for some issues. However, if informal resolution is not possible, the RTB-12 is your next step. For background on your rights as a tenant, see our guide on tenant rights for newcomers in BC.

How to File the RTB-12 Online

Step 1: Access the RTB Online System

Visit the Residential Tenancy Branch website and navigate to the dispute resolution section. You can file the RTB-12 electronically through the RTB's online system. You will need to create an account or log in if you already have one.

Step 2: Complete the RTB-12 Form

The form asks for the following information:

• Applicant Information: Your full name, address, phone number, and email. You are the applicant if you are the one filing the dispute.
• Respondent Information: The name and contact details of the other party (landlord or tenant). If you do not have their full contact information, provide as much as you can.
• Rental Unit Address: The address of the rental property in question.
• Issues in Dispute: Select from a list of common dispute types. You can select multiple issues if applicable. Be specific about what you are claiming.
• Monetary Claims: If you are seeking compensation (such as return of a security deposit or payment for damages), state the amount and provide a breakdown.
• Supporting Details: Provide a brief summary of the dispute, including relevant dates and key facts.

Step 3: Pay the Filing Fee

The filing fee for an RTB-12 is $100.00, payable online by credit card. If you cannot afford the fee, you can apply for a fee waiver by submitting a request to the RTB explaining your financial circumstances. Fee waivers are granted on a case-by-case basis.

Step 4: Serve the Respondent

After filing the RTB-12, you must serve the respondent (the other party) with a copy of the application and any supporting evidence you plan to present at the hearing. Service must be completed according to the rules outlined by the RTB. Acceptable methods of service include:

• Personal delivery (handing the documents directly to the person)
• Registered mail
• Leaving it at the respondent's door (if other methods are not possible)
• Email (if the respondent has consented to email service)

You must complete a Proof of Service form (RTB-34) to confirm that you served the respondent. This form must be submitted to the RTB before the hearing.

Step 5: Prepare Your Evidence

Evidence is crucial to the success of your dispute. Gather and organize the following types of evidence as applicable:

• The tenancy agreement (RTB-1 or equivalent)
• Condition inspection reports (move-in and move-out)
• Photographs of the rental unit
• Correspondence between you and the other party (emails, text messages, letters)
• Receipts or invoices for repairs, cleaning, or other expenses
• Bank statements showing rent payments or deposit payments
• Witness statements (written or the witness can attend the hearing)

Submit all evidence to the RTB through the online system before the deadline specified in your hearing notice. Evidence submitted late may not be accepted. You must also provide copies of all evidence to the respondent before the hearing. Learn more about the dispute resolution process on the RTB dispute resolution page.

The Hearing Process

RTB hearings are typically conducted by telephone or video conference. An arbitrator appointed by the RTB will preside over the hearing. Here is what to expect:

Before the Hearing

• You will receive a hearing notice with the date, time, and dial-in or video link details.
• Review all your evidence and organize it so you can reference it quickly during the hearing.
• Prepare a brief opening statement summarizing your position.
• If you have witnesses, make sure they are available at the scheduled time.

During the Hearing

• The arbitrator will introduce themselves and explain the process.
• Each party will have the opportunity to present their case, starting with the applicant.
• Present your evidence clearly and refer to specific documents, photos, or messages when making your points.
• The arbitrator may ask questions to clarify facts.
• Each party will have the chance to respond to the other's evidence and arguments.
• Be respectful and factual. Avoid emotional language or personal attacks.

After the Hearing

The arbitrator will review all evidence and arguments and issue a written decision, typically within a few weeks. The decision will be sent to both parties and posted on the RTB's online system. Decisions include the arbitrator's findings of fact, analysis of the applicable law, and any orders (such as payment of money or compliance with specific terms).

Enforcing a Decision

RTB decisions are legally binding. If the losing party does not comply with the decision, the winning party can file the decision with the BC Supreme Court, which makes it enforceable as a court order. For monetary awards, this means you can use standard debt collection methods, including garnishing wages or seizing assets. Information about enforcement is available on the RTB enforcement page.

Reviewing or Appealing a Decision

If you believe the arbitrator made an error of law or that there was a procedural issue with the hearing, you can apply for a Review Consideration within 2 business days of receiving the decision. This is not a full appeal but rather a request for the RTB to reconsider the decision. The grounds for review are limited and include situations where:

• You were unable to attend the hearing due to circumstances beyond your control.
• New evidence has become available that was not available at the time of the hearing.
• The decision contains a significant error of law.

For more complex appeals, you may need to apply for judicial review through the BC Supreme Court. This is a more formal legal process and you should consider consulting a lawyer. Details about the review process are found on the RTB review page.

Tips for a Successful Dispute

• Document everything from day one. Take photos of the unit at move-in, save all correspondence, and keep copies of rent receipts.
• Know the law. Review the relevant sections of the Residential Tenancy Act before filing.
• Be organized. Present your evidence in chronological order with clear labels.
• Be concise. Arbitrators handle many disputes. Get to the point quickly and focus on the facts that matter.
• Meet all deadlines. Late evidence, late service, or late applications can result in your case being dismissed.
• Seek help if needed. Settlement organizations, legal clinics, and the Tenant Resource and Advisory Centre (TRAC) offer free assistance to tenants in BC.

Related Resources

If you are navigating rental challenges as a newcomer to BC, several of our other guides may be helpful. Our guide on how to apply for rental housing in BC covers the process of finding and securing a rental unit. The BC Services Card and MSP guide explains how to get provincial identification, which you may need when signing a lease. For broader immigration topics, our BC PNP guide and our guide to starting a business in Canada provide additional context for building your life in the province.

Filing a tenancy dispute through the RTB can feel intimidating, especially if you are new to Canada and unfamiliar with the legal system. But the RTB dispute resolution process is designed to be accessible and fair. By preparing thoroughly, presenting clear evidence, and understanding your rights under the Residential Tenancy Act, you can navigate the process with confidence and achieve a fair outcome.