Serving A Notice To End A Tenancy
Part 4: Notice to End Tenancy Series
We’ve looked at the different types of Notice to End Tenancy that a Landlord can use. Properly Serving a Notice is as important as the notice. Keep in mind, the method of delivery is important for determining when the notice is deemed received by the Tenant, which can also affect the effective date (in the case of a 10 Day Notice).
3 ways to serve a notice
- In Person. If you physically hand the Notice to the tenant, or an adult person who appears to reside at the rental property, it is deemed delivered to the tenant that day. This is most important for a 10 Day Notice to End Tenancy for Unpaid Rent. If you hand deliver it to the tenant on the 2nd day of the month, the Notice is effective 10 days later, i.e. on the 12th.
- The Notice is deemed delivered 3 days after the Landlord leaves the notice in the mailbox or in the mail slot, posts it on the door or other noticeable place at the address, or faxes it to a number provided by the tenant. So using our 10 Day Notice as an example, if you post a 10 Day Notice on the front door on the 2nd of the month, it is deemed received by the tenant on the 5th day of the month (the date of posting does not count) and would then be effective on the 15th.
- If you send the Notice by registered mail, it is deemed delivered 5 days after it is sent.
Serving a Notice
When issuing a 1 Month Notice to End Tenancy for Cause, or a 2 Month Notice to End Tenancy for Landlord Use, you can issue the notice at any point during a month, but must make sure it’s deemed received by the tenant in sufficient time to take effect when you want it to. If you plan to send registered mail to the Tenant, terminating the tenancy effective June 30, then take it to the post office by the 23 or 24th of the month in which it needs to be sent. That gives you a couple of extra days “just to be sure”.
Tip: always remember that the one month and two month notice periods are clear months. If you issue a one month notice on January 15, it is effective February 28 not February 15 and must be received by the Tenant no later than January 31. Likewise, a 2 month notice issued on January 15 would be effective March 31 with February and March being the clear months. It also must be received by the tenant no later than January 31.
Serving a notice is one of the many services RE/MAX of Nanaimo Property Management does being a full service Property Management office. Call us today for a free consultation, at (250) 751-1223 and ask how we can help you with your investment property. [su_divider]
Disclaimer: This series is not a legal opinion or advice, but rather a general overview. The Residential Tenancy Office website – www.rto.gov.bc.ca – can likely answer any questions you have about serving notices, or you can call their office at 1-800-665-8779.
