A Notice to End Tenancy is only as good as its service. Landlords in the Okanagan lose hearings on service more often than on the reason for the notice, so the method and the proof deserve as much care as the form.
Methods the Act allows
The Residential Tenancy Act lists the ways a landlord may serve a notice on a tenant, including handing it to the tenant, leaving it with an adult who apparently lives with the tenant, attaching it to the door of the rental unit, and mailing it to the rental address. Each method has a different date on which the notice is deemed received.
Deemed receipt changes the clock
- Personal service: received the day it is handed over.
- Attached to the door: deemed received three days later.
- Mail: deemed received five days after mailing.
The tenant's time to dispute, and the effective date of the notice, run from the date of receipt. Personal service starts the clock the same day and leaves no room for an argument that the notice blew off the door.
Which notice
The Residential Tenancy Branch publishes a form for each ground: the 10 Day Notice for unpaid rent, the One Month Notice for cause, and the notices for landlord's use of the property. The form must be the current version, fully completed and signed, with the correct effective date for the ground. We serve whatever form you provide; we do not complete it.
Proof of service
The Branch expects a Proof of Service form describing how and when the notice was served, signed by the person who served it. For a hearing, an attempt log with times and a description of the person served is the difference between a landlord who says the notice was served and one who can prove it. We provide the completed proof of service and the attempt record with every tenancy serve.
Orders of Possession and writs
If the tenant does not leave, the Branch can issue an Order of Possession, and the Supreme Court can issue a Writ of Possession for enforcement by a bailiff. Both are served in the same way, with the same proof. Property managers handling several buildings can put standing instructions on file so each notice is one email.
Questions
Can a landlord serve a Notice to End Tenancy by email in BC?
Only where the tenant has given an email address for service in the way the Residential Tenancy Act and its regulation allow. Personal service, attaching to the door and mail are the standard methods, each with its own deemed-receipt date.
When is a Notice to End Tenancy received if it is posted on the door?
Three days after it is attached to the door. Personal service is received the same day. Mail is deemed received five days after mailing.
Okanagan Process Servers is a process serving company, not a law firm, and does not give legal or procedural advice. This guide restates publicly available information from the sources on the references page. Rules, forms and time limits change; confirm the current requirement with the registry, the Residential Tenancy Branch or your lawyer.