Chapter_7-Revised_20232_-_Tagged

Chapter 7: Procedures Under the RTA

Overview of Procedures

The chapter covers essential procedures under the Residential Tenancies Act (RTA) including serving documents, computing time, important notice periods, extensions and abridgements of time, filing documents at the Landlord and Tenant Board, certificates of service, and language services available.

Serving Documents (Giving Notice)

Legal Framework

The methods for serving notices are outlined in Section 191 of the RTA and the Landlord and Tenant Board’s Rules 3 and 5. Both landlords and tenants may serve documents either personally or through a process server.

Methods of Service by Landlords

Landlords can provide notice by:

  • Hand Delivery: Directly handing the notice to the tenant.

  • Delivery to an Adult: Handing it to an apparently adult person present in the rental unit.

  • Mailbox Delivery: Leaving the notice in the mailbox or other typical mail delivery spot.

  • Mailing: Sending it to the tenant's last known address.

  • Other Means: Utilizing any other methods prescribed by the rules.

Additional Methods According to Rule 3

In addition to the above, Rule 3 allows landlords to serve documents through:

  • Courier: Sending documents via courier service.

  • Faxing: Sending documents to the tenant's fax machine at home or business.

  • Email: Providing documents via email, provided written consent has been obtained.

  • Placement: Leaving the notice under the door or through the mail slot is permitted.

Important Notes on Mail and Alternative Methods

Documents mailed are considered served on the 5th day following mailing, with all days included in the count. Courier deliveries are deemed received on the next day if it’s not a weekend or holiday, while faxes are recognized upon the date displayed on the fax. If serving a tenant is challenging, landlords can seek permission from the board for alternate service methods.

Service by Tenant

Methods of Service for Tenants

Tenants may serve documents on landlords in several ways:

  • Personal Service: Directly handing the document to the landlord.

  • Agent Service: Handing it to an employee of the landlord who manages the property.

  • Mailbox Delivery: Placing it in the mailbox or usual mail spot.

  • Mailing: Sending it to the landlord’s last known address.

Rule 3 Additional Methods

Similar to landlords, tenants have extra options under Rule 3:

  • Utilizing courier services.

  • Faxing documents to the landlord’s number.

  • Sending documents via email (provided there’s prior written consent).

Computing Time: Counting Days

Rules for Time Computation

When calculating time spans under Section 193, the occurrences of two events must be distinctly noted:

  • Count the day of the second event but not the first.

  • Include weekends and holidays in the calculations.

  • If any filing deadlines fall on a weekend or holiday, the documents can be submitted the next business day.

Important Notice Periods

Written Notice Requirements

Notices must typically be in written form, often required to follow formats approved by the board. The board holds authority to modify time limits in particular cases, emphasizing:

  • Tenant's notice to terminate tenancy.

  • Landlord's two types of notices regarding termination of tenancy or rental increase.

Extensions and Abridgements of Time

Legal Provisions

The RTA stipulates under Section 190 and the associated regulations that the board can extend or shorten specific time frames in proceedings, excluding certain mandatory notice periods.

Considerations for Time Adjustment

Factors influencing the board’s decision to modify time limits include:

  • Length and reason for delay.

  • Potential prejudice to parties involved.

  • Good faith of the requesting party.

  • Other relevant considerations. The emphasis lies primarily on good faith actions and the potential prejudice caused by the delay.

Filing Documents at the Landlord and Tenant Board

Submission Processes

The board accepts documents through various channels:

  • In-Person Submissions: At regional offices or ServiceOntario centres.

  • E-filing: Via an online portal for specific applications (beginning July 2015), such as tenant rights and eviction processes.

Application Examples

Common applications that can be filed online include:

  • T2 (Tenants’ Rights)

  • T6 (Application for maintenance issues)

  • L1 (Eviction for non-payment of rent)

  • L2 (Ending a tenancy)

Certificates of Service

Importance of Documentation

When a notice or document is served, it is crucial to maintain a record of the service, often done through a certificate of service signed by the serving party or through an affidavit provided by process servers.

French Language Services

Accessibility

The Landlord and Tenant Board offers services in French for specific regions designated under the French Languages Services Act, ensuring language accessibility for all parties involved.