PowerPoint Presentation

Landlord’s Self-Help Centre

Serving Documents

Monday, April 14th at 6:00 pm

Landlord’s Self-Help Centre Serving Documents

Serving Documents

At this Town Hall Meeting we will:

• Learn about the rules for serving documents;

• Discuss the permitted methods for serving

documents;

• Discuss how the rules vary for different types of

documents;

• Explore common pitfalls; and

• Learn about proof of service requirements for

the delivery of documents.

Landlord’s Self-Help Centre Serving Documents

Serving Notices or Documents

At some point during the tenancy a

landlord will likely need to serve the

tenant with a document or notice.

Documents typically served on a

tenant will include:

• notice to enter the rental unit;

• notice of rent increase;

• notice of termination or other

documents (Notice of Hearing

and Landlord and Tenant Board

Applications) related to the

tenancy.

Landlord’s Self-Help Centre Serving Documents

The Residential Tenancies Act

The rules for the delivery of various notices and documents

that a landlord may be required to serve a tenant are

established by the Residential Tenancies Act, 2006 (RTA or the

Act).

The RTA outlines the rules

that govern landlord and

tenant relations, rights,

responsibilities and

obligations of landlords and

tenants, and how disputes

between them are to be

resolved.

Landlord’s Self-Help Centre Serving Documents

Why are there rules for serving

documents?

Important documents such as the notice to end the rental

agreement, notice of rent increase or notice of intended

entry must be served according to the rules.

Section 191 of the Residential Tenancies Act, 2006, outlines

how a notice or document must be given. These rules define

the process for the delivery of documents by both landlords

and tenants.

It is essential that the service rules be followed particularly

when a notice of termination or notice of rent increase is

served, otherwise if served improperly they can be deemed

null and void and require the process to start again.

The Rules

Landlord’s Self-Help Centre Serving Documents

The Residential Tenancies Act

Section 191

According to section 191 of the RTA a notice or document

may be given:

• by handing it to the person;

• if the person is a landlord, by handing it to an employee

of the landlord exercising authority in respect of the

residential complex to which the notice or document

relates;

• if the person is a tenant, subtenant or occupant, by

handing it to an apparently adult person in the rental

unit;

Continued …

Landlord’s Self-Help Centre Serving Documents

Section 191 (continued)

• by leaving it in the mail box where mail is

ordinarily delivered to the person;

• if there is no mail box, by leaving it at the

place where mail is ordinarily delivered to

the person;

• by sending it by mail to the last known

address where the person resides or

carries on business; or

• by any other means allowed in the Rules.

Landlord’s Self-Help Centre Serving Documents

Other Permitted Methods of Service

Section 191(g) of the RTA also permits “any other means

allowed by the Rules” for giving a notice to a tenant which

are the following:

• By courier to the tenant (deemed to be given on the next

business day following the day it was given to the

courier);

• By fax to the tenant where he/she carries on business or

the tenant’s residence(deemed to be given on the date

imprinted on the fax);

• By placing it under the door of the rental unit or through

a mail slot in the door;

continued ...

Landlord’s Self-Help Centre Serving Documents

Other Permitted Methods (continued)

• If serving a notice to a tenant under section 27 of the

RTA (notice of entry) , by any permitted method of

service or posting it on the door of the rental unit;

• If the document is an application or was created after

the application was filed, by hand delivery, mail,

courier or fax to the representative for a party; or

• If the document is an application or was created after

the application was filed, by any method directed or

permitted by the Board in writing.

Methods of Service

Landlord’s Self-Help Centre Serving Documents

Handing the Document to the Person(s)

Hand delivery requires the landlord to

simply knock on the tenant’s door and hand

the notice or document to the tenant.

Potential pitfalls include:

• The tenant does not answer the door;

• The tenant refuses to accept any

document; or

• The tenant denies receiving the

document.

Note: Although not required, try to obtain the tenant’s

signature acknowledging receipt .

Usually, the best method to serve a document or notice to a

tenant is by handing the document directly to the tenant.

Landlord’s Self-Help Centre Serving Documents

Handing to an Apparently Adult Person

in the Rental Unit

If the tenant is not present, the

document may be handed to an

apparently adult person who

resides in the rental unit.

For example: The landlord is delivering a

Notice of Rent Increase (Form N1) and the

tenant is not at home. The landlord may

give the notice to an adult who lives in the

unit, such as the tenant’s adult child.

The tenant does not need to be home to accept delivery of

the notice or document.

Landlord’s Self-Help Centre Serving Documents

Leaving it in the Mail box or Where Mail is

Ordinarily Delivered

A landlord can place a notice or document in the tenant’s mail

box, it is the tenant’s obligation to check for mail regularly.

This is not the most direct method of service however it is

acceptable under the RTA.

For example: If the tenant

refuses to accept hand

delivery of the notice or

does not answer the door,

the notice may be placed

in the tenant’s mail box.

Note: It is NOT proper service to put the notice BESIDE/ON TOP/OR UNDERNEATH

the mailbox.

Landlord’s Self-Help Centre Serving Documents

Sending it by Mail to the Last Known Address

Where the Tenant Resides or Carries on Business

For example: If you are serving an N4

Notice to End a Tenancy Early for Non-

payment of Rent by sending it by mail

to your tenant, you must add five

extra days to the termination date,

instead of 14 days notice you must

give a minimum of 19 days notice.

A notice or document given by

Xpresspost is also deemed to be given

by mail.

If sending documents by mail you must include 5 extra days

to allow for delivery.

Note: We suggest sending documents or notices by ordinary mail, not by

registered mail.

Landlord’s Self-Help Centre Serving Documents

Placing the Documents Under the Door of

the Rental Unit or Through the Mail Slot

A common method of serving documents is sliding

the notice or document under the door of the rental

unit or through a mail slot in the door.

It is NOT sufficient to place

the notice beside or near

the door.

Landlord’s Self-Help Centre Serving Documents

When are other methods of service

deemed valid?

A notice or document not given in accordance with

section 191 of the RTA shall be deemed to have been

validly given if the Board is satisfied that it came to the

attention of the person for whom it was intended within

the required time period.

For example: The tenant

acknowledges in writing being

served with the notice or

document.

Landlord’s Self-Help Centre Serving Documents

Serving A Notice of Entry

Landlords are required to give 24 hours

notice in writing according to s.27(1) of

the RTA prior to entering the rental unit.

The Notice of Entry can be served by

any permitted method of service or by

posting it on the door of the rental unit.

It is important to note that the notice

of entry is the ONLY notice that can be

posted on the door of the rental unit.

Common Pitfalls

Landlord’s Self-Help Centre Serving Documents

Common Pitfalls

A tenant may deny receiving the notice, even where it is

given using an appropriate method of service.

• The landlord may want to

have a witness present when

serving the tenant.

• A witness is an impartial

third party and reduces the

likelihood of a tenant

successfully arguing they did

not receive the document.

Landlord’s Self-Help Centre Serving Documents

Common Pitfalls

Sending a notice by fax is

a recognized method of

delivery pursuant to the

Rules of Practice.

Sending a notice by

email or text message is

not an appropriate

method of service.

Note: It is important not to confuse fax with email or text message

Proof of Service

Landlord’s Self-Help Centre Serving Documents

Proof of Service

If a landlord is required to file an Application to Terminate a

Tenancy and Evict a Tenant at the Board s/he must also

complete and file a Certificate of Service.

The person who served

the notice or document to

the tenant is required to

sign the Certificate of

Service as proof of service.

This form is available at

www.ltb.gov.on.ca

Landlord’s Self-Help Centre Serving Documents

Serving Documents

At this Town Hall Meeting we have:

• Learned about the rules for serving documents;

• Discussed the accepted methods for serving

documents;

• Discussed how the rules vary for different types

of documents;

• Explored common pitfalls; and

• Learned about proof of service requirements

for the delivery of documents.

Questions

Landlord’s Self-Help Centre Serving Documents

Resources

www.landlordselfhelp.com

Sound Advice for Landlords: Podcast and Transcript

http://www.landlordselfhelp.com/sound_advice/scripts/serving_documents.

htm

Frequently Asked Questions (FAQs)

http://www.landlordselfhelp.com/education/forum_subcategories.asp?cat_id=1

www.LTB.gov.on.ca

Residential Tenancies Act, 2006

http://www.elaws.gov.on.ca/html/statutes/english/elaws_statutes_06r17

_e.htm

Rules of Practice

http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/documents/r

esourcelist/LTB%20Amended%20Rules%20of%20Practice%20v2.1.pdf