Service Requirements
Serving the Application Package
When you file your application with the RTDRS, you will receive a Notice of Hearing form that gives the date, time and location of the hearing. The filed application form and evidence, plus the Notice of Hearing are called the “application package.”
The next step is to give a copy of the entire application package to the respondent(s). The legal words for giving the application package to the respondent(s) are “service” and “serve.”
You must serve the application package on the respondent(s) at least 3 clear days before the hearing date. The date of service, date of hearing, weekends and holidays are not counted as part of these days. For example, if your hearing is scheduled for Tuesday, service must be completed no later than the previous Wednesday.
You should serve a copy of the application package on each respondent. You are allowed to serve one respondent with all copies of the application package. For example, if there are 3 respondents, 3 application packages can be served on 1 of the respondents.
Landlords:
- First attempt personal service and/or service via registered mail:
- You must attempt to serve your tenant personally several times. For example, if you are aware that your tenant works during the day, you should try to serve them personally in the evening when you know they will likely be home.
- Keep a note of the dates, times and locations of your personal service attempts.
- You must attempt to serve your tenant personally several times. For example, if you are aware that your tenant works during the day, you should try to serve them personally in the evening when you know they will likely be home.
- If the tenant is absent from the premises or evading service:
- Serve an adult (18 years of age or older) who apparently resides with the tenant(s) or
- Post the application package(s) in a conspicuous place on some part of the premises (e.g. the door used most often by tenant(s))
- Serve an adult (18 years of age or older) who apparently resides with the tenant(s) or
Tenants:
- Personal service to the landlord or the landlord’s agent:
- At the address at which the rent is payable
- At the address in the Notice of Landlord served or posted under section 18 or 47(2) of the Residential Tenancies Act (RTA)
- At the address at which the rent is payable
- Service via registered mail to the landlord or landlord’s agent
- Service on a corporation (in addition to the methods in point 2 above) by leaving the copies at the registered office of the corporation.
Substitutional Service
If the tenant no longer lives at the residential premises, posting documents on the premises may not be considered proper service. You can still serve the tenant in person at any location. You can also attempt service by registered mail to the tenant’s last known address (the residential premises).
If you have not been successful after several reasonable attempts to serve the respondent(s), you can apply to the RTDRS to serve the documents another way. This is called “substitutional service.” You must complete a Substitutional Service Affidavit (pdf) in which you list your attempts at service, request approval to serve another way and explain why you believe it will work. A Tenancy Dispute Officer will review the affidavit and make a decision on the request.
Take the completed Substitutional Service Affidavit (pdf) to a Commissioner for Oaths. The RTDRS has Commissioners available in our offices if you are in Edmonton or Calgary. If you filed your application by fax, you must have the affidavit commissioned by a Commissioner for Oaths and faxed to the RTDRS.
Abridgement of Service
In cases of significant damage to the rental premises or assault or threats of assault, you may apply to reduce the notice period to the respondent. The legal word for reducing the notice period is “abridgement.” You must complete an Abridgement Affidavit (pdf) and provide evidence to support your request. A Tenancy Dispute Officer will review the affidavit and make a decision about the request. Only the most serious cases will be given an abridgement of service.
Once you complete the Abridgement Affidavit (pdf), take it to a Commissioner for Oaths. The RTDRS has Commissioners available in our offices if you are in Edmonton or Calgary. If you filed your application by fax, you must have the affidavit commissioned by a Commissioner for Oaths and faxed to the RTDRS.
After Service Has Been Effected
- The person who served the documents must complete the Affidavit of Service form. If you use a process server to deliver the documents, they must complete the form. Landlords fill out the Affidavit of Service by Landlord (pdf). Tenants fill out the Affidavit of Service by Tenant (pdf).
- The Affidavit of Service must be sworn or affirmed. Take the Affidavit of Service form to a Commissioner for Oaths. The RTDRS has Commissioners available in our offices if you are in Edmonton or Calgary. This can be done before or on the day of the hearing.
- If the application package was served by registered mail, give the Commissioner the postal receipt with the tracking number and the Signature of Certificate of Delivery Confirmation document. This document can be obtained through a Canada Post office or their website (external site).
- You must file the Affidavit of Service with the RTDRS before or on the day of the hearing. If you filed your application by fax, you must fax the Affidavit of Service to the RTDRS before the hearing. Applications by fax are available in certain areas of Alberta. Please see our Fax Filing Information Sheet (pdf) for more information.
For more information on service requirements see our Rules of Practice and Procedure (pdf) and How to Serve RTDRS Documents Information Sheet (pdf).
