Serving Documents
When you file anything with Residential Tenancies that involves another party, you have to serve that party a copy of the documents. This includes a Form J, any forms that don’t require filing with Residential Tenancies (like a tenants’ Notice to Quit), or evidence for a Residential Tenancies hearing.
Serving documents is a formal process that must happen in the methods outlined below. Tenants and landlords cannot just tape documents to doors or text them to each other. Any error in serving documents can result in the hearing or form being thrown out.
It’s important to note: any tenant on the lease can be served documents, even though all tenants can be held liable for the outcome of a Residential Tenancies Hearing. This means that if you are living with three roommates and one person stops paying rent, only one roommate needs to be served a notice of hearing (it doesn’t matter which roommate) but every tenant (or just one, or two) could be held liable for paying the rental arrears. Always be careful when sharing a lease with someone. Read more on roommate responsibilities here.
If you can’t serve your landlord via the proper methods (e.g. you don’t have enough of their information) you should contact the Residential Tenancies Officer assigned to your case and let them know you need an alternative method of service. In some cases, they will ask you to try to serve the landlord three times before you can use an alternate method. The Tenancy Officer will decide the best alternative way to serve the documents.
These procedures are for Residential Tenancies, serving documents for Small Claims are regulated by the Small Claims Court Act and have a different process. Serving a Form J and serving other documents have different processes as well, which are outlined below.
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Personal Service: This is where a landlord or tenant hand the documents to each other personally. Tenants can hand documents to a landlord or an agent of the landlord, like a property manager or superintendent. You can also have someone else do this for you, but you risk the forms being served incorrectly.
Date Served: Same date as personally served.
Requirements: Add details to the Certificate of Service.
Pre-Paid Registered Mail, Express Post, or Courier Service: Send to the address listed in the lease (if to the landlord), wherever the landlord does business, or where the rent is payable to. Tenants can be sent documents either to the address in the lease (if they still live there) or a forwarding address (if they have moved out).
Date Served: 3 days after you mail the documents (e.g. if you mail on the 1st, it’s served on the 3rd).
Requirements: Evidence that you paid for postage and confirms the date you mailed it (usually a receipt).
Email: You can serve documents over email if the other party has provided their email and consented to serve documents electronically. This is either in the lease (Section 7 and 7A of the Standard Form of Lease) or as an addendum to the lease (Landlord and Tenant Consent for Email form).
Date Served: Same day (if sent before 4pm on a business day), next business day (if sent after 4pm or on a Saturday, Sunday, or holiday).
Requirements: A copy of the email and notice (must also keep this during the tenancy and for one year after the tenancy ends - if you change email addresses, forward this email to your new address). Submit a copy of the email with the date and time served with the Certificate of Service.
Once you serve the Form J, you need to fill out a Certificate of Service and return it to Residential Tenancies either by emailing the Residential Tenancies Officer assigned to your file or dropping it off at Access Nova Scotia. Documents need to be served and the Certificate of Service has to be filled out within 7 days of applying for the Form J.
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Personal Service: This is where a landlord or tenant hand the documents to each other personally. Tenants can hand documents to a landlord or an agent of the landlord, like a property manager or superintendent. You can also have someone else do this for you, but you risk the forms being served incorrectly.
Date Served: Same date as personally served.
Leaving a Copy: Leave a copy of the documents in the tenant or landlord’s mailbox or mail slot (you can also serve someone by slipping documents under their door, but not by taping it to their door or leaving it somewhere public where other people could take it).
Date Served: Same date as the copy was left.
Pre-Paid Registered Mail, Express Post, or Courier Service: Send to the address listed in the lease (if to the landlord), wherever the landlord does business, or where the rent is payable to. Tenants can be sent documents either to the address in the lease (if they still live there) or a forwarding address (if they have moved out).
Date Served: 3 days after you mail the documents (e.g. if you mail on the 1st, it’s served on the 3rd).
Requirements: Evidence that you paid for postage and confirms the date you mailed it (usually a receipt).
Email: You can serve documents over email if the other party has provided their email and consented to serve documents electronically. This is either in the lease (Section 7 and 7A of the Standard Form of Lease) or as an addendum to the lease (Landlord and Tenant Consent for Email form).
Date Served: Same day (if sent before 4pm on a business day), next business day (if sent after 4pm or on a Saturday, Sunday, or holiday).
Requirements: A copy of the email and notice (must also keep this during the tenancy and for one year after the tenancy ends - if you change email addresses, forward this email to your new address).
