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[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods: | [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods: | ||
''' | #'''In person:''' You can serve your written notice in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. A notice delivered in person is considered received that same day. | ||
''' | #'''Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted. | ||
''' | #'''Mailbox or mail slot:''' You can put your written notice in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. The ''RTA'' says that a notice left in the mailbox or mail slot is considered received on the third day after being left. | ||
''' | #'''Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed. | ||
''' | #'''Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed. | ||
'''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”]. | '''Proof of Service:''' It is important to always have proof that you served a document properly. To help with this, consider using the Small Claims Court form, [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f.pdf “Certificate of Service”]. | ||
'''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days. | '''Rebuttable presumption:''' When determining the date a document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days. | ||
==Special service rules for certain documents == | ==Special service rules for certain documents == |
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