Legal Notice

Service of Notice under Residential Tenancies Act

Service is the legal term that defines when, how and to whom legal notices are to be given. A number of provisions in the Residential Tenancies Act require notices, orders, or documents to be served upon you or the tenant.

For example, notice must be given to end a tenancy, to increase rent, and to request that someone who is not a tenant leave the premises.

The Act defines how notice is to be served, and how in some situations the law will presume that the notice was received by the other party.

This section deals with the rules for service of notices under the Residential Tenancies Act. The Act includes rules for notices for some appointments at court, but does not include the rules for commencing a trial action.

If you and the tenant are going to end up starting a trial, the rules for service of notice for starting a trial in Provincial Court are in the Provincial Court Act and Regulations. The rules for service of notice for starting a trial action in Court of Queen’s Bench are in the Rules of Court. However, the most common notices for you as a landlord are dealt with under the Residential Tenancies Act.

May 2006