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Notification by standard or certified e-mail: what you need to know
Rulings
Sending a notice of lease renewal is an essential step in rental management. Many landlords wonder whether they can send this notice by e-mail and, if so, what precautions they should take to ensure that it is valid in the eyes of the Tribunal administratif du logement (hereinafter “TAL”). Here's an overview of the applicable rules and best practices, as set out in the recent decisions 514Plex inc. v. Gagnon (2022) and Interrent Holdings Manager v. Yang (2024).
Can the lease renewal notice be issued by e-mail?
Yes, the law recognizes electronic transmission as a valid method of notification. However, article 7 of the Rules of procedure of the Administrative Housing Tribunal requires proof of receipt. In other words, it's not just the sending of the e-mail that counts, but the fact that the tenant has actually received and read the notice.
Standard e-mail (Gmail, Yahoo, Hotmail, etc.): watch out for potential traps!
Using an everyday e-mail to send a renewal notice poses several risks:
- The tenant may claim never to have received the notice, or that it ended up in his or her junk mail.
- Despite the presumptions of transmission and receipt set out in section 31 of the Act to establish a legal framework for information technology, without a clear acknowledgement of receipt, the landlord cannot prove actual receipt of the e-mail.
- Even if the landlord has communicated with the tenant by e-mail in the past, this does not necessarily constitute tacit consent to receive official notices in this way.
If you choose to send a notice by standard e-mail, it is strongly recommended that you obtain a written response from the tenant acknowledging receipt. In the absence of such confirmation, your notice could be contested.
As the judge in GLP Paysagiste Inc. v. Thibodeau pointed out, sending a simple e-mail “is the equivalent of dropping it in the mailbox, but in no way constitutes proof of receipt”. The judge therefore strongly suggests that additional steps be taken to ensure that the e-mail has been received.
As an additional measure, we recommend that you contact the tenant by text message, if the tenant has a cell phone, to confirm receipt of the e-mail. In the absence of confirmation of receipt, we recommend using another means of notification that guarantees acknowledgement of receipt, such as a registered letter, hand delivery or the intervention of a bailiff.
Certified e-mail with Pronotif: a more secure solution recognized by the TAL
Although the rules set out above remain the same, Pronotif's certified e-mail service offers greater security. Not only does it provide proof of e-mail transmission, but it also confirms that the recipient has opened the e-mail and any attachments.
This distinction is essential, as it confirms that the tenant has taken cognizance of the notice, thus reinforcing the validity of the notification in the event of a dispute.
Please note that the one-month period provided for in Article 1945 of the Civil Code of Québec, within which your tenant must respond to your notice of renewal, begins as soon as your notice is received, not as soon as it is sent. It is therefore all the more important to obtain this proof in order to properly account for the legal deadlines.
A recent decision by the Tribunal administratif du logement in 2024 (Poitras Grégoire v. Interrent Holdings Manager) illustrates the importance of tenant consent. Even though the tenant had opened the e-mail sent via Pronotif, the Tribunal invalidated the notice, as she had never consented to receive her communications by e-mail. It is therefore essential to obtain your tenants' written consent to the use of e-mail for official notices.
Here are some best practices to ensure the validity of your notice:
- Obtain your tenant's written consent to e-mail notifications (ideally in the lease or a signed appendix, but it is also possible to obtain it via the Pronotif platform. Contact technical support for assistance if needed).
- Use a valid e-mail address, active at the time of sending, provided by the tenant. If more than one tenant is listed on the lease, each tenant must provide you with a valid e-mail address. Using a single e-mail address for several tenants does not prove that each tenant has received the message.
- Be sure to obtain an acknowledgement of receipt. If you use a standard e-mail, ask for written confirmation. With Pronotif, check that the e-mail has been opened by all the tenants listed on the lease.
- Clearly refer to the attachment if the notice is sent as an attached document, or, preferably, include its contents directly in the body of the e-mail.
Sending a notice by e-mail is certainly a more economical option than sending it by bailiff, but the landlord must still ensure that he complies with the conditions set out above, failing which the notice could be deemed invalid.
By taking these precautions, you considerably reduce the risk of disputes and ensure that your lease renewal notices comply with legal requirements.
Need a sample e-mail consent form? Download it here!