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Difference between revisions of "Moving Out When Renting"
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→Special service rules for certain documents
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Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways: | Most documents can be served in any of the ways listed above, but there are some exceptions. For tenants, there are two types of documents where special rules apply – an application for dispute resolution and a notice from an arbitrator to review a decision or order. These types of documents can only be served in a limited number of ways: | ||
# by leaving a copy with the landlord; | # by leaving a copy with the landlord; | ||
# by leaving a copy with an agent of the landlord; or | # by leaving a copy with an agent of the landlord; | ||
# by emailing a copy to an email address provided as an address for service by the landlord; or | |||
# by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord; | # by sending a copy by registered mail to the address at which the landlord lives, or to the address at which the landlord carries on business as a landlord; | ||
This | This can be a complicated topic and there are additional special rules about serving documents. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section89 section 89] of the ''Residential Tenancy Act'' and Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl12.pdf Policy Guideline 12] for more information. | ||
=== | === Text and social media messaging === | ||
The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize | The ''[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Residential Tenancy Act (RTA)]'' does not recognize text and social media messaging as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on in-person service, registered mail, or one of the other approved methods of service. Landlords should avoid sending eviction notices using social media, and tenants should never text their one-month notice to move out. If these issues ended up at dispute resolution, an arbitrator may rule that the documents were improperly served. That said, if you receive a document that was not served properly, the safest option is to not ignore it. For example, if your landlord sends you an eviction notice over Facebook, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you. | ||
While | While approved methods of service should always be used when serving official RTB forms and notices that are required to be given “in writing”, text and social media messaging may be acceptable when it comes to more general correspondence. For example, since there is no official RTB form for requesting repairs, a series of texts showing your landlord’s neglect for a repair request might be accepted as evidence at dispute resolution – as long as you can prove that your landlord received the texts. When it comes to text and social media evidence at dispute resolution, the arbitrator handling your case will always have the final say on whether or not to accept the evidence. | ||
==Illegally breaking a lease== | ==Illegally breaking a lease== | ||