How must notices be served under the Act?
The Act allows several methods, not just two: personally; to someone 16 or older who apparently lives there; posted in a conspicuous place; left in the mailbox or under the door; by prepaid registered mail or express post, or by courier, to an address the tenant provided or where the tenant carries on business; or electronically. Electronic service counts only where all three hold: the notice is in the same or substantially the same form as the written notice (in practice, the signed official form itself, not a summary of it), the tenant has provided an electronic address for receipt of documents, and it is sent to that address. The Act does not define "electronic address". Email to an address the tenant gave you for documents is the clear case; whether a phone number or Messenger account given for documents counts is not settled. The safe route is a method the Act clearly lists: in person, registered mail or courier to an address the tenant provided, or email to the address the tenant gave for documents. A casual text or portal message is not notice. If reasonable efforts to serve by these methods fail, the Director can order another method (s.35(4)). Timing differs by method — registered mail or express post is considered served on the fifth day after mailing, while an electronic notice is considered served the day it is sent if sent by 4 p.m., and otherwise the next day that is not a Saturday or holiday (every Sunday is a holiday).
- Where this comes from
- Section 35(2), (4), (5), (6), Residential Tenancies Act, 2018 (Newfoundland and Labrador)
- Last reviewed