Serving Documents

 


 

The Basics

Sections 88-90 of the Residential Tenancy Act (RTA) cover the rules about how tenants and landlords can give, or “serve”, documents to each other. When it comes to providing your landlord with forms and notices, make sure to use one of the following methods:

  1. In person: You can serve documents in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a document delivered in person is considered received that same day.
  2. Email: You can email a copy of your documents to an email address provided as an address for service by your landlord. The RTA says that a document delivered by email is considered received on the third day after being emailed.
  3. Post It: You can attach documents in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape your notice to move out to your landlord’s door. (Do not slide documents under the door.) If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a posted document is considered received on the third day after being posted.
  4. Mailbox / Mail Slot: You can put documents in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your documents were served properly. Write the date, time, and location of delivery on your copy of the documents and have your witness sign them. The RTA says that a notice left in the mailbox or mail slot is considered received on the third day after being left.
  5. Fax: You can serve documents by fax if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The RTA says that a faxed document is considered received on the third day after being faxed.
  6. Mail: You can serve documents using regular or registered mail. If you want proof that your landlord received your documents, send it by registered mail so that the post office can give you confirmation. The RTA says that a mailed document is considered received on the fifth day after being mailed.

 

Proof of Service

It is important to always have proof that you served a document properly. For example, if you send a letter via registered mail, then you can use the receipt and confirmation of delivery from Canada Post; or if you post a notice on your landlord’s door, consider taking a photo and/or video, or having a witness with you. You may also want to consider using the Small Claims “Certificate of Service” form.

 

Rebuttable Presumption

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.

 


 

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.

This can be a complicated topic and there are additional special rules about serving documents. See section 89 of the Residential Tenancy Act and Residential Tenancy Branch Policy Guideline 12 for more information.

 


 

Text and Social Media Messaging

The Residential Tenancy Act (RTA) does not recognize text and social media messaging as acceptable methods of service. This means that when a Residential Tenancy Branch (RTB) form must be served, or the RTA requires that a notice be given “in writing”, it is always safest to rely on in-person delivery, registered mail, or another approved method of service. For example, a landlord should never send an eviction notice using social media, and a tenant should avoid texting their forwarding address for the return of a deposit.

 


 

Previous Legal Decisions

 

  • Not allowed to serve notice of hearing by leaving it in mail slot