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 have 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’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 a 24 hour notice of intent to enter, but they claim this is not considered written notice. Could you please help me interpret the Act?
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#r5
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
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?
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;
- 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).