In Ontario, landlords and tenants can agree to communicate via email for official notices and documents. However, the Residential Tenancies Act (RTA) sets out specific rules that must be followed for this method to be valid. Here’s a summary of the key provisions regarding consent to service by email:
1. Written Consent Required
The landlord and tenant must agree in writing to receive notices and documents by email. The written consent should clearly specify the email addresses to be used and outline which documents will be served electronically.
For example, both parties may agree to receive the following notices via email:
- Notice of Rent Increase
- Landlord Notice of Entry
- Documents or submissions related to an RTA application (except notice of hearing, application copy, motion, or request for review)
Note: Refer to the Residential Tenancies Act, 2006 and the Landlord and Tenant Board’s Rules of Procedure (Rule 3) for the correct process for serving notices of hearings or related documents. For more information, visit the LTB website at tribunalsontario.ca/ltb.
2. Revocation of Consent
Either party can revoke consent to email communication at any time. To do so, they must provide written notice to the other party, and from that point, all future notices must be delivered via an alternative method (e.g., regular mail or in person).
3. Include Contact Information
When serving a document via email, landlords must include a name and telephone number of a person to contact in case the tenant has any questions or issues regarding the notice. This ensures clear communication and accountability.
4. Retain a Copy for Your Records
It’s important to keep a copy of the written consent for your records. This will serve as proof that both parties agreed to communicate by email, which can be useful in case of disputes.
Why Consent to Service by Email Matters
Using email for official notices offers significant benefits, including:
- Speed and efficiency in delivering documents.
- Cost savings by eliminating postage fees.
- Automatic documentation for tracking communication.
- Convenience, as emails can be accessed from anywhere.
Implementing Consent to Service by Email
To implement email communication:
- Include a clause in the lease agreement specifying email as the preferred method.
- Get written consent from both parties.
- Keep copies of all correspondence for your records.
- If email consent is revoked, ensure to switch to another communication method.
Legal Compliance
All email communications must still comply with the RTA’s requirements. Ensure notices are clear, accurate, and include all necessary information, such as contact details.
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