RTB-44 – Landlord’s Proof of Service Direct Request Proceeding

Jurisdiction: Country: Canada | Province/State: British Columbia

What is an RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding?

This form is a sworn declaration that confirms how, when, and to whom you served the Landlord’s Notice of Direct Request Proceeding and the required evidence. It records the details of the service so the decision maker can rely on your documents without holding a hearing. It tells the tribunal that the tenant received the notice and has had a fair chance to respond.

You use this form after you start a direct request application. A direct request is a paper-based process used for specific landlord remedies, most often an order of possession for unpaid rent. Instead of a hearing, a decision maker reviews your file. Because there is no hearing, proof that the tenant was served is critical. This form is the official way to provide that proof.

Who typically uses this form?

Residential landlords. Property managers. Legal representatives acting for a landlord. A process server or colleague who actually did the serving may also complete it. The person who served the documents must be the one who signs this form, because they are declaring what they did.

You need this form to avoid dismissal of your direct request. Without a valid service, the decision maker cannot issue an order. The process requires that you serve the Landlord’s Notice of Direct Request Proceeding and your evidence on each respondent. Then you must file the completed RTB-44 to confirm service. If you skip this, your application may be refused or delayed.

Typical usage scenario

You file a direct request for an order of possession for unpaid rent. You receive a Landlord’s Notice of Direct Request Proceeding with a file number and response deadline. You serve that notice and your evidence package on the tenant by an approved method. You complete RTB-44 to confirm the details. You submit the form and your proof, such as photos, mail receipts, or a fax report. The decision maker then reviews your file when the tenant’s response deadline passes.

You might also use this form when a property manager serves the documents on your behalf. In that case, the manager completes and signs the form. If a process server completes service, they sign it and attach their service record. In shared tenancies, you serve each tenant and record service for each one. If you mailed documents, you record the mailing date and enter the deemed delivery date. The form captures both the actual method and the effective date of service under the rules.

In short, this form is the bridge between your application and a decision. It shows that notice reached the tenant, which upholds procedural fairness in a paper process.

When Would You Use an RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding?

You use this form after you have a direct request proceeding and you have served the tenant with the Landlord’s Notice of Direct Request Proceeding. It is not used for a standard hearing with a scheduled conference call. It is used specifically for the paper-based direct request track.

Here are common situations. You served a tenant with a 10 Day Notice to End Tenancy for unpaid rent. The tenant did not pay or apply to dispute within the allowed time. You apply for a direct request order of possession. You receive a Landlord’s Notice of Direct Request Proceeding with instructions and deadlines. You must then serve that notice, along with your evidence, on the tenant. Once you complete service, you fill out RTB-44 to prove service.

Another example is when you are a property manager who serves multiple tenants. The tenancy includes two named tenants. You deliver the notice to one tenant in person and post a copy to the unit door for the other. You record both methods and deemed delivery dates on the form. You attach photos and an affidavit of posting. You submit a single proof that clearly identifies each respondent and the service details for each one.

A third example is when the tenant is away or avoids contact. You attempt personal service without success. You then deliver by an approved alternative, such as leaving it in the mail slot or mailing it. You use RTB-44 to document what you did, when you did it, and when service is deemed effective. You attach the postal receipt and tracking page. You also track the deemed delivery date to calculate the tenant’s response deadline.

Typical users include landlords, licensed managers, and legal representatives. A tenant would not use this form. A tenant would instead use a dispute response form if they wish to oppose the direct request. If you are pursuing a standard dispute resolution hearing rather than a direct request, you would use a different proof-of-service process.

Use RTB-44 any time you have served a Landlord’s Notice of Direct Request Proceeding and the accompanying evidence package. File it promptly. The decision maker needs it before considering your file. If you miss the timeline to serve or to file proof, your direct request can be dismissed, even if your underlying claim is strong.

Legal Characteristics of the RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding

This form is a formal declaration that records facts of service. It is legally significant because service is a condition of procedural fairness. In a direct request, the decision maker relies on your written evidence without holding a hearing. That makes accurate proof of service essential. The form creates a clear record that the respondent had notice and time to respond.

Is it legally binding? The form itself is not an order. But it is part of the evidentiary record. You sign it to affirm the truth of your statements. False statements can lead to the dismissal of your application. They can also expose you to penalties and cost consequences. If the decision maker issues an order based on defective service, that order can later be set aside. Accurate proof protects your order from challenge.

What ensures enforceability? Two things work together. First, you must use an approved method of service. Second, you must allow for deemed delivery times. Approved methods generally include personal delivery, leaving documents with an adult at the address, leaving them in a mailbox or mail slot, attaching them to the door, fax, courier, or mail. Email is allowed only if the other party has agreed in writing to email as an address for service. Each method has a deemed delivery timeline. For example, personal service is effective the same day. Posting to the door, leaving in a mailbox, fax, or courier is generally deemed delivered after three days. Mail is generally deemed delivered after five days. If you use email with written consent, confirm and record the email address and the consent. Always note the deemed delivery date on the form.

General legal considerations include these points. You must serve each respondent. If there are two named tenants, serve both. Serving only one tenant can result in dismissal. Use the rental unit address for service unless you have a different address for service given by the tenant. Be careful if you serve by email. You need written consent that the email is an address for service. A clause in the tenancy agreement can satisfy this if it specifies email and lists addresses.

Time calculation matters. When counting days, do not count the day of service. Start counting the next day. If a deadline falls on a weekend or a statutory holiday, the deadline moves to the next business day. Record dates clearly. Note both the date you served and the deemed delivery date. This affects the tenant’s response deadline and the earliest date the decision maker may decide on your file.

Attach proof that supports your declaration. If you posted to a door, include date-stamped photos showing the unit number. If you mailed, attach the postal receipt and tracking. If you faxed, attach the transmission confirmation with the recipient’s fax number and date. If you delivered in person, note who accepted the documents and where it occurred.

Finally, accuracy and consistency across your documents matter. The names on your proof must match the names on your application. The rental address must match the tenancy agreement. Document lists should match what you actually served. Inconsistent details raise doubts and can derail your application.

How to Fill Out a RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding

Follow these steps to complete the form accurately and on time.

1) Gather what you served.

• Collect the Landlord’s Notice of Direct Request Proceeding.
• Collect the evidence package you served. This often includes the tenancy agreement, the Notice to End Tenancy, proof of service of that notice, a rent ledger, and any other exhibits.

2) Confirm who you served.

• Identify every tenant named on the tenancy agreement and on your application.
• If there are multiple tenants, you must serve each. If you served them by different methods or dates, track each one separately.

3) Complete the file header.

• Enter your file number exactly as shown on the Landlord’s Notice of Direct Request Proceeding.
• Enter the rental unit’s full civic address, including unit number and postal code.
• Enter the landlord’s legal name. If a company uses the full legal name.
• Enter each tenant’s full legal name as shown on the tenancy agreement.

4) Identify the server.

• Enter the full name of the person who served the documents.
• State the server’s role: landlord, property manager, legal representative, or process server.
• Provide a phone number and email for the server in case questions arise.

5) List the documents served.

• Name each document you served, not just “package.”
• Use specific titles and dates. For example, “Landlord’s Notice of Direct Request Proceeding dated March 5,” “Tenancy Agreement dated July 1,” “10 Day Notice to End Tenancy dated February 1,” “Rent ledger to March 1.”
• This helps the decision maker confirm the record.

6) Record the method of service for each respondent.

• Choose the approved method used: personal delivery, leaving with an adult at the residence, mail slot or mailbox, attaching to the door, fax, courier, mail, or email with written consent.
• If you used email, note the email address and the written consent reference. For example, “Email to tenantname@email.com, consent in tenancy agreement clause 20.”
• If you used a fax, note the recipient’s fax number.
• If you used a courier, name the courier and the delivery reference.

7) Enter the service date and time.

• Record the exact date and time you completed service for each respondent and method.
• For mail and courier, record the date you handed the package to the carrier or deposited it in the mailbox.

8) Calculate and enter the deemed delivery date.

• Apply the deemed service rules for your method.
• Personal delivery: same day as service.
• Leaving with an adult at the address: same day.
• Attaching to the door or leaving in a mail slot or mailbox: deemed delivered after three days.
• Fax: deemed delivered after three days.
• Courier: if delivered to the address, deemed delivered after three days unless you can prove same-day delivery.
• Mail (regular or registered): deemed delivered after five days.
• Email (with written consent): deemed delivered after three days.
• Do not count the day of service. Start counting the next day.
• If the deemed delivery date falls on a weekend or holiday, move it to the next business day.

9) Provide details to support the method used.

• For personal delivery, write where it happened and who accepted the documents. Example: “Handed to John Doe at the rental unit door.”
• For leaving with an adult, state “left with Jane Smith, adult occupant, at [address].”
• For posting to the door, state where you attached the envelope and how it was labelled. Example: “Attached to main entry door at eye level in sealed envelope marked with tenant name and unit number.”
• For mail, provide the tracking or receipt number and the address used.
• For the courier, provide the waybill number and delivery confirmation details.
• For fax, attach the transmission confirmation showing success, date, time, and recipient number.
• For email, attach a sent email printout or screenshot and the written consent page.

10) Attach your proof exhibits.

• Include clear, legible copies of receipts, confirmations, and photos.
• If you posted to a door or used a mailbox, include date-stamped photos showing the door, unit number, and envelope.
• If you mailed or used a courier, include the receipt and tracking printout showing delivery status.
• If you faxed, include the OK report.

11) Repeat for each respondent if needed.

• If the form has space for multiple respondents, fill a separate section for each one.
• If it does not, complete a separate form for each tenant and label them “Tenant 1 of 2,” “Tenant 2 of 2.”
• Make sure the file number and address match across all forms.

12) Review for accuracy and consistency.

• Names must match your application and the tenancy agreement.
• The address must be complete and accurate.
• The documents listed must match what you served.
• The service dates must make sense, and your deemed delivery dates must be correct.

13) Sign and date the declaration.

• The person who served must sign the form.
• By signing, you declare the information is true to the best of your knowledge.
• False declarations can result in dismissal and penalties.
• Print your name and add the signing date and place.

14) Submit the form and attachments to your file.

• File the completed RTB-44 with your evidence exhibits.
• Submit it promptly, following the instructions on your Landlord’s Notice of Direct Request Proceeding.
• Keep copies for your records.

15) Track deadlines.

• Use the deemed delivery date to calculate the tenant’s response deadline.
• Do not ask for a decision before the response time expires.
• If you discover a service error, correct it and file an updated proof. Explain what changed.

Practical tips while completing the form:

• Serve early in the day to avoid confusion over same-day service.
• Use clear labels on envelopes with tenant names and the unit number.
• Take photos that show the broader context, not just a close-up of paper on a door.
• If someone refuses to accept personal service, you may place the documents down and state that they are served. Record that refusal in your details.

Common pitfalls to avoid:

• Serving only one of multiple tenants.
• Using email without written consent.
• Miscounting the deemed delivery days.
• Listing documents you did not actually serve.
• Forgetting to attach proof, such as mail or fax confirmations.

A brief example helps tie this together. You received the Landlord’s Notice of Direct Request Proceeding on April 2. The tenancy has two named tenants. On April 3, you hand the package to Tenant A at the unit door. On the same day, you post a sealed, labelled envelope for Tenant B at eye level on the main door and take photos. You complete RTB-44. For Tenant A, you record personal service on April 3, deemed the same day. For Tenant B, you record a posting on April 3, deemed delivered on April 6. You attach the photos. You sign and file the form on April 4. You wait until after the response deadline calculated from the later deemed delivery date before expecting a decision.

Complete, accurate proof of service reduces risk and delay. It gives the decision maker confidence to decide your direct request on the written record.

Legal Terms You Might Encounter

Direct Request means a streamlined decision process where an adjudicator reviews your written evidence without a live hearing. For this form, it matters because you must prove the tenant received the Landlord’s Notice of Direct Request Proceeding in time for that review.

Landlord’s Notice of Direct Request Proceeding is the document that tells the tenant you filed a Direct Request. It explains what you want, why, and how the tenant can respond. RTB-44 is your proof you served that notice correctly.

Proof of Service is your sworn record of how and when you delivered documents to the tenant. RTB-44 is that record. It links the service method, date, time, and recipient to your Direct Request case.

Address for Service is the address, email, or fax number the tenant has given for receiving documents. RTB-44 asks you to identify where you served. Always use the most recent address for service tied to the tenancy.

Deemed Service is the rule that sets when service is considered received, based on the delivery method. You enter the actual service date on RTB-44, but you must plan around deemed service timelines when you serve.

Personal Service means handing the documents directly to the tenant or an adult at the tenant’s residence. If you used personal service, you describe who took the documents on RTB-44 and how you verified their identity.

Substituted Service is a special permission to serve in a different way when standard methods fail. RTB-44 records whatever method was authorized. If you used substituted service, reference the authorization in your description.

Agent is anyone you authorize to act for you. An agent can serve documents and complete RTB-44. If an agent served the notice, they must be the one who fills out and signs the form.

Evidence Package is the bundle of documents that support your Direct Request. The notice you served and your proof of service sit alongside this package. RTB-44 confirms the tenant had a fair chance to see what you filed.

Filing Deadline is the cutoff for getting documents into your case file. RTB-44 must reach the decision-maker before the review. If you miss the deadline, your application can stall or be dismissed.

Order is the decision issued after review. If you complete service correctly and file RTB-44 on time, the adjudicator can consider your request for an order. If service is defective, the order may be refused or delayed.

FAQs

Do you have to serve RTB-44 to the tenant?

No. RTB-44 is your confirmation to the decision-maker. You serve the Landlord’s Notice of Direct Request Proceeding on the tenant, then file RTB-44 with your case file to prove you did it.

Do you need to attach proof like mail receipts or screenshots?

Yes, attach any proof that supports how you served. Include delivery or mailing receipts, tracking pages, email screenshots, or photos. Label each item so it matches your description on RTB-44.

Can you serve by email?

You can serve by email only if the tenant has provided an email address as an address for service. If you email, capture the full message header in your screenshot. Note the exact time sent on RTB-44.

Who can serve the Landlord’s Notice of Direct Request Proceeding?

You can serve it yourself or have an agent serve it. The person who served must complete and sign RTB-44. If a process server handled delivery, they fill out RTB-44 and attach their proof.

What if the tenant refuses to take the documents?

Record exactly what happened and use another allowed method. For example, if the tenant will not accept hand delivery, you can use a different approved service method. Note the method and time on RTB-44 and keep proof.

Do you need to serve each tenant separately?

Yes. Serve every tenant named on your Direct Request. If you email, send it to each tenant’s address for service. If you mail or hand deliver, serve each tenant. Complete RTB-44 to show how each tenant was served.

What if you served at the wrong address?

If you used the wrong address for service, you likely need to re-serve. Complete a new RTB-44 that reflects the correct service. Late or incorrect service can lead to delay or dismissal, so act quickly.

How soon do you need to file RTB-44?

File RTB-44 as soon as you have completed service and accounted for the deemed service time. Do not wait. The adjudicator cannot proceed without proof of proper service in the case file.

Can you change RTB-44 after filing it?

If you spot an error, file a corrected RTB-44 promptly. Explain what changed in a short note and include supporting proof. Make sure the case number is on every page you submit.

Do you need a witness or commissioner to sign RTB-44?

No. RTB-44 does not need commissioning. The person who served signs to confirm the information is accurate. Accuracy is critical, as false statements carry consequences.

Checklist: Before, During, and After the RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding

Before signing: gather information and documents

• Your case number for the Direct Request.
• Full tenant names exactly as on the tenancy agreement.
• The tenant’s current address for service.
• The Landlord’s Notice of Direct Request Proceeding you served.
• All documents you served with the notice.
• Proof of how you served: mail or courier receipts, tracking printouts, screenshots, delivery photos.
• A clear service plan that meets allowed methods and timing rules.
• A calendar note for deemed service timing based on your method.
• A second contact method in case your first attempt fails.

During signing: verify key sections

• Confirm the case number is correct and readable.
• Confirm each tenant’s name is spelled exactly right.
• Confirm the service address, email, or fax number is accurate.
• Identify the service method used for each tenant. Do not mix methods in one line.
• Enter the exact date and time of service. Use one time zone consistently.
• Describe what you served. Include the notice and any attachments.
• If an agent served, enter their full name and contact details.
• Sign and date the form. Make sure the signer is the person who served.

After signing: file, notify, store

• File RTB-44 in your case file right away. Include all proof attachments.
• Verify the upload or delivery succeeded. Save the confirmation.
• Check that every page shows the case number and tenant names.
• Calendar any remaining deadlines related to the Direct Request.
• Keep a complete copy of RTB-44 and all proof in one folder.
• Note any issues during service in a short log for your records.
• If you discover an error, file a corrected RTB-44 promptly.

Common Mistakes to Avoid RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding

Serving with an unapproved method

Don’t assume any method will do. If you serve in an unapproved way, the adjudicator may refuse to consider your application. You may need to re-serve and start the clock again.

Miscounting deemed service time

Don’t forget deemed service rules change the “received” date. If you miscount, your proof shows service too late. Your application can be delayed or dismissed.

Incomplete tenant list

Don’t serve only one tenant when more are named. Every tenant must be served. Missing a tenant can block an order or force a re-service.

Wrong or outdated address for service

Don’t use a guess or a past address without checking records. Service to the wrong address is not valid and wastes time and filing fees.

Vague or missing attachments

Don’t file RTB-44 without proof. If you claim email service, include a screenshot with the date and time. If you mailed, attach the receipt and tracking. Missing proof can sink your application.

Illegible or inconsistent details

Don’t submit forms with hard-to-read handwriting or conflicting dates. Illegibility or inconsistencies raise doubts and trigger requests for more information.

The wrong person signs

Don’t sign if you did not serve. The actual server must sign. If a process server serves, they sign and supply their proof.

What to Do After Filling Out the Form RTB-44 – Proof of Service Landlord’s Notice of Direct Request Proceeding

File RTB-44 and your proof as soon as you complete service. Make sure your case number appears on every page, including attachments. Use clear file names that match your form entries. Keep a timestamped record of when you filed.

Confirm that your proof covers each tenant. Review your submission against the checklist. Each tenant should have a service method, date, time, and matching proof. If one tenant lacks proof, remedy it at once. Re-serve that tenant if needed and file an updated RTB-44.

Track the deemed service date for each method you used. Note the earliest date the adjudicator can rely on for review. This helps you predict when a decision may arise. It also helps you confirm that you met the minimum timing.

Monitor your case file for messages or requests. If the adjudicator needs more information, respond quickly and completely. If you receive a request to clarify service, provide a short statement and attach the missing proof.

If the tenant files a response, read it and compare it to your proof. Focus on any claims about non-service or late service. If your records are solid, your RTB-44 should answer those claims. If there is a real gap, fix it with a supplemental filing.

If you spot an error in your RTB-44, correct it. Prepare a new RTB-44 with accurate details. Add a brief note identifying what changed and why. File it without delay so the adjudicator has the right information.

If your Direct Request is granted, follow the instructions in order. Keep your RTB-44 and proof in the same folder as the order. You may need them later if you seek enforcement or face a review request.

If your application is refused for service issues, plan a fresh service. Choose an allowed method that avoids the earlier problem. Rebuild your proof with stronger documents, then file a new RTB-44. Use your service log to improve accuracy.

Maintain a standardized service kit for future cases. Include a form template, a service log, envelope labels, and a checklist. Keep stamps, tracking slips, and a list of approved methods. This reduces errors and speeds up the process.

Finally, debrief your team or agent. Note what worked and what did not. Update your internal procedures and timelines. The goal is consistency. Strong, repeatable service steps mean fewer disputes and faster outcomes.