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4.4 Serving Documents

The Residential Tenancy Act has rules about how tenants and landlords can give or “serve” certain documents to each other. For example, a tenant can mail their one-month notice to move out, but should never send it using text or social media messaging. The RTA also has rules about when a document is considered received, depending on how it was served. For example, if you post a notice on your landlord’s door, you should consider it received three days later – not on the day you posted it.

 

 

Here is a breakdown of the allowable methods of service according to the RTA, and how each method can impact when a served document is considered received.

Method of Service How to Serve the Document How to Gather Proof of Service When the Document is Considered Received
In-Person
  • Deliver the document to the landlord or an adult who appears to live with the landlord.
  • Bring a witness, if possible.
  • Write the date, time, and location of delivery on your copy of the document, and have your witness sign in.
  • Take photos and videos.
  • Same day as delivery.
Email
  • Send the document  to an email address that has been provided as an address for service.
  • Save and back up the email digitally.
  • Print a copy of the email.
  • 3rd day after it is emailed.
Post It
  • Attach the document to the door or another noticeable spot at the landlord's home or place where they carry out business as a landlord. 
  • Bring a witness, if possible.
  • Write the date, time, and location of delivery on your copy of the document, and have your witness sign it. 
  • Take photos and videos. 
  • 3rd day after it is posted.
Mailbox/ Mail Slot
  • Leave the document in the mailbox of mail slot at the landlord's home or place where they carryout business as a landlord. 
  • Bring a witness, if possible.
  • Write the date, time, and location of delivery on your copy of the document, and have your witness sign it. 
  • Take photos and videos. 
  • Do not slide the document under the door. 
  • 3rd day after it is posted.
Fax
  • Send the document to a fax number that has been provided as an address for the service. 
  • Keep confirmation printout showing the date and time the fax was sent. 
  • Back up the fax confirmation digitally.
  • 3rd day after it is faxed.
Regular or Registered Mail
  • Send the document through regular or registered email. 
  • Use registered mail so that you can receive confirmation of delivery from Canada Post.
  • Take photos and videos. 
  • 5th day after it is mailed. 

 

Special Rules

Most documents can be served using any of the methods listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply: 

  1. an application for dispute resolution; and
  2. a notice that an arbitrator has accepted an application for review consideration.

These specific documents can only be served in a limited number of ways:

  • by leaving a copy with the landlord;
  • by leaving a copy with an agent of the landlord;
  • by emailing a copy to an email address provided as an address for service by the landlord; or
  • by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries out business as a landlord.

 

Exceptions

When calculating the date a document is considered received, there is always a “rebuttable presumption”. This means that, even though the RTA has rules about when documents are considered received, they may not apply when there is evidence of a document being received on a different date. For example, if you mail a document to your landlord and get email confirmation that they received it three days later, you may be able to argue that the document was received after three days rather than five days.

 

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