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This is true but only for certain notices such as the Notice of Rent Increase, and the Notice of Entry and certain documents or submissions related to a Board application. The landlord and the tenant must to consent to service by email in writing. There is a Consent to Service by Email form that can be signed by both parties although it is not mandatory to use the form as long as the consent is in writing.

There is always a chance that the tenant will deny receiving documents, however as long as you have delivered them 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.

Section 191 of the RTA sets out the permitted methods of giving notice which are: (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.

As of December 14, 2018, landlords also have the option of serving a tenant documents through email.  These documents are limited to: the Notice of Rent Increase; Notice to Enter; Documents related to a Landlord and Tenant Board application (except a notice of hearing, copy of the application, motion or request for review); and any regular communication with the tenant related to issues arising out the of the tenancy. However, this must be documented in writing by both parties and we suggest landlords do so using the Consent to Service by Email form.  This form can be found at http://www.sjto.gov.on.ca/documents/ltb/Other%20Forms/Email%20Service%20Consent.pdf

With respect to service by email, the Landlord and Tenant Board’s Rules of Practice state:

  • 3.3        Consent to service by email may be revoked at any time by giving notice in writing to the person of party.
  • 3.4        Any document may be served by email except a notice to terminate a tenancy, a notice of hearing, a notice of motion, an application, or a request for review.
  • 3.5        When serving a document by email the sender must include with the email the name and telephone number of a person to contact. http://www.sjto.gov.on.ca/documents/ltb/Rules/LTB%20Rules%20of%20Practice.html#r5

Recent changes to the Residential Tenancies Act now allow landlords the option of serving tenants documents through email.  However, these documents are limited to: the Notice of Rent Increase; Notice to Enter; Documents related to a Landlord and Tenant Board application (except a notice of hearing, copy of the application, motion or request for review); and any regular communication with the tenant related to issues arising out the of the tenancy.

Recent changes to the Residential Tenancies Act now allow landlords the option of serving tenants documents through email.  However, these documents are limited to: the Notice of Rent Increase; Notice to Enter; Documents related to a Landlord and Tenant Board application (except a notice of hearing, copy of the application, motion or request for review); and any regular communication with the tenant related to issues arising out the of the tenancy.

The Form N4 or any other notice of termination CANNOT be served by email to the tenant. The proper methods of service for a termination notice 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; or
  • sending it by regular mail (allow 5 days for delivery).

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.

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