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Serving an eviction notice in Ontario is a legal step, not simply a matter of putting a letter in front of a tenant. The Landlord and Tenant Board (LTB) has rules governing how documents can be served, and the method used can affect the date the document is considered received.

For landlords and property managers, getting the service details right helps create a clear record if the matter later proceeds to an LTB application.

How do you serve an eviction notice in Ontario?

The correct method depends on the document and circumstances. Under the LTB’s current rules, documents may generally be served by methods including:

• Handing the document to the person
• Leaving it where the person’s mail is ordinarily delivered
• Leaving it under the rental-unit door or through a mail slot when permitted
• Courier
• Regular or registered mail where permitted
• Fax in applicable circumstances
• Email where the recipient has provided written consent
• Tribunals Ontario Portal where written consent has been provided

The important point is that not every method works in every situation. Landlords should check the instructions applicable to the specific notice before serving it.

Why does the service date matter for an Ontario eviction notice?

The service method can affect when the LTB considers the notice received.

For example, the LTB’s rules state that documents sent by regular mail are generally considered received on the fifth day after mailing. A document delivered by hand is generally considered received on the day it is given to the person, while courier service is generally considered received the following day, subject to the rule’s holiday provision.

That difference matters when calculating a termination date.

For example, an N4 notice for rent arrears generally requires at least 14 days’ notice for a monthly or yearly tenancy, while different minimum periods apply to daily or weekly tenancies. The form’s instructions should always be checked for the particular tenancy.

What proof of service does a landlord need?

Proof of service is one of the most important parts of the process.

When an LTB application relates to a notice of termination, the Board says the landlord must provide a copy of the notice and a Certificate of Service completed by the person who served it. The certificate records information such as when, where and how the document was served.

A practical service file should therefore preserve:

1. A copy of the exact notice served
2. The date and time of service
3. The location and method of service
4. The person served, where applicable
5. The completed Certificate of Service
6. Any other records relevant to demonstrating how service occurred

Under the current LTB Rules, where a Certificate of Service is required, it must be completed by the person who served the document and filed within the applicable five-day period.

What are common mistakes when serving eviction notices?

Several avoidable errors can create problems later:

Using the wrong service method

A landlord may assume that any form of delivery is sufficient. It isn’t. Email, for example, generally requires written consent unless the LTB permits another arrangement.

Calculating the deadline from the wrong date

The date a document is considered received depends on how it was served. Treating every delivery method as having the same effective date can create a timing problem.

Failing to document what happened

Simply saying “I served the tenant” is not the same as maintaining a proper record of service. The LTB specifically relies on proof showing when, where and how the document was served.

Assuming posting the notice on the door is always acceptable

The LTB’s Certificate of Service instructions specifically state that posting a document on the rental-unit door is properly available for a notice of intent to enter under section 27, unless a Member orders otherwise. It should not be treated as a universal method for eviction notices.

When should a landlord use a process server?

A landlord can handle service personally where the applicable rules allow it. A professional process server can be useful when the landlord wants an independent record of what was served, when it was served and how the delivery occurred.

This can be particularly helpful when:

• The tenant is difficult to reach
• The landlord wants documented service attempts
• Timing is important
• The matter may proceed to an LTB hearing
• The landlord wants someone experienced with legal document delivery to handle the service

Select Serve and File Process Server Inc. provides process serving and related document services across the GTA and surrounding areas, including Toronto, Mississauga, Brampton, Vaughan and other Ontario locations.

What happens after the eviction notice is served?

Serving a notice does not itself evict a tenant.

If the tenant does not comply with the notice, the landlord may need to apply to the LTB using the appropriate application for the circumstances. The LTB will then determine the matter through its process. In most cases, the Board serves the application and Notice of Hearing, although there are exceptions where a party may be ordered to serve documents.

The next step

Before serving an eviction notice, verify the correct form, termination date, permitted service method and documentation requirements. If you want an independent record of service, a professional process server can handle the delivery and provide the documentation needed for your records.

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This article provides general information, not legal advice. Landlords should review the current LTB rules and the instructions for the specific notice they are using.

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