There’s always a chance that the tenant will deny receiving documents, however as long as you have delivered it by one of the acceptable methods and then provided the Board with a Certificate of Service, an adjudicator will usually be satisfied that the documents have been served.
I am a first-time landlord dealing with tenants who are attempting to deny me entry to the unit. I sent the tenants 24 hour notice of intent to enter, but they claim this is not considered written notice. Could you please help me interpret the Act?
Serving notices to a tenant by email is not considered one of the methods of service under the RTA, we have never heard of it being acceptable. Section 191 of the RTA sets out the permitted methods of giving notice: How notice or document given 191. (1) A notice or document is sufficiently given to a person other than the Board, (a) by handing it to the person; (b) 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; (c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit; (d) by leaving it in the mail box where mail is ordinarily delivered to the person; (e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person; (f) by sending it by mail to the last known address where the person resides or carries on business; or (g) by any other means allowed in the Rules. 2006, c. 17, s. 191 (1). In addition to these methods, there are other methods permitted under the Landlord and Tenant Board’s Rule of Practice #5 http://www.sjto.gov.on.ca/documents/ltb/Rules/LTB%20Rules%20of%20Practice.html.
Can a form N4 (end a tenancy agreement for nonpayment of rent) be served to the tenant by email? Or must it be delivered in person?
The Form N4 or any other notice of termination cannot be served by email to the tenant. The proper methods of service are the following: – handing it to the person; – leaving the notice in the mailbox or where mail is normally delivered; – placing the notice under the door of the rental unit; – handing it to an adult person in the rental unit; – sending it by courier; – sending it by regular mail (allow 5 days for delivery)
Besides serving the tenant a notice, do I also have to give a Certificate of Service document to the tenant to prove that they have been served?
You do not have to give anything else to the tenant once you have served a notice of termination, but you will have to complete a Certificate of Service form if or when an application is made to the Landlord and Tenant Board for an eviction order. This form is filed together with the L2 Application and an Affidavit sworn by the person who will be moving into the rental unit (if based on an own use notice).