Can a landlord evict for one month late rent?

A landlord can serve 14 days' notice for a substantial breach, and unpaid rent is one. The notice must say the tenancy will not end if the tenant pays the rent due, and any overdue rent, on or before the termination date. We found no grace period in the Act.

If the tenant stays and has not paid, the landlord applies to the RTDRS or the court for an order of recovery of possession, files it with the Court of King's Bench, and a civil enforcement agency removes the occupant. The landlord cannot do this alone. The RTDRS also hears rent claims of up to $100,000.

The BC government says a landlord can serve a 10 Day Notice even if rent is late by one day. The notice (RTB-30) takes effect no earlier than 10 days after the tenant receives it, and the tenant has 5 days to pay in full, which cancels it, or to apply for dispute resolution. If the tenant does neither, they are treated as accepting the eviction and the landlord can ask for an order of possession by direct request.

If the tenant disputes and loses, the arbitrator must grant possession when the notice is in proper form. The landlord then takes the order to the BC Supreme Court for a writ of possession, and a court bailiff removes the tenant. The police do not evict, and a landlord who changes the locks or removes belongings risks a penalty of up to $5,000.

A landlord can give a termination notice once rent is 3 days late. The tenant avoids termination by paying the full amount plus any prescribed costs by the date on the notice. If the landlord accepts a late payment, that waives the right to terminate unless the landlord confirms in writing at the time that it still treats the agreement as ended.

If the tenant stays, the landlord applies to the Residential Tenancies Branch for an order of possession (fee $60). The tenant gets notice of the hearing at least 5 days before, and the hearing can go ahead if someone does not attend. A decision usually comes within 2 working days, and a Court of King's Bench writ and sheriff's officers carry out the removal. The Branch will not grant possession on an invalid notice.

A landlord can serve a notice to end the tenancy once rent has been unpaid for about 15 days after it was due. The Act says "15 days or more" but a standard condition in the regulations says "more than 15 days", so ask the Office of Residential Tenancies how it counts the days. Accepting arrears after a notice does not by itself cancel it. If the tenant stays, the landlord applies to the Office of Residential Tenancies for an order of possession (non-refundable fee of $50). At that hearing the landlord can also claim the arrears and the fee.

A hearing can go ahead if a notified party does not attend, and some are held by phone. The order may include a writ of possession to the sheriff, which expires after 30 days unless the hearing officer sets another date. If a lease makes the tenant pay utilities, unpaid charges can be treated as rent after a 15-day written demand.

For notices given on or after September 21, 2026, the N4 gives the tenant 7 days (it was 14 days for monthly rent before that). The tenant voids the N4 by paying all the arrears plus any new rent due before the landlord files an L1 application. The tenant does not have to leave: the landlord must apply to the Landlord and Tenant Board, and an application for unpaid rent has no filing deadline.

At the hearing the Board must consider whether to refuse the eviction or delay it. For applications filed on or after September 21, 2026, a tenant who wants to raise other issues must give advance written notice and pay half the arrears claimed directly to the landlord at least seven days before the hearing. Only the Court Enforcement Office (Sheriff) can carry out an eviction order, and a landlord cannot change the locks.

The landlord serves a Notice to Vacate on the TLRO form, with a vacate date at least 15 days after service. The tenant can cancel it by paying all rent due within 7 days of being served. If the landlord has already served an earlier notice and says so in the new one (a Final Notice to Vacate), paying within 7 days no longer saves the tenancy.

If the tenant stays, the landlord applies in writing for assistance, and an officer investigates after hearing from the tenant. The officer may issue an Eviction Order (Form 9), and the sheriff enforces it. Self-help is prohibited: locks can only be changed with the officer's written permission or in the presence of a sheriff.

When rent is unpaid, a landlord can give a Form D notice to quit from the 4th day after the rent was due, effective no earlier than the 10th day after the notice is given (weekly tenancies: 7 days). Since April 30, 2025, this replaces an older 15-day wait plus 15 days. The tenant has 10 days to pay the arrears, which makes the notice void, or to apply to have it set aside. If the tenant does neither, they are treated as accepting it and the landlord may use Form K, a route without a hearing.

Otherwise the landlord applies on Form J (fee $31.15, which may be waived for income assistance or GIS recipients). Mediation is tried first, hearings are by telephone, and the order comes within 14 days of the hearing. Removal goes through the Small Claims Court and the sheriff. A landlord cannot hold or dispose of a tenant's property except under a Director's order.

PEI sets no grace period, so a landlord can serve the notice the day after rent is due. The Form 4A notice ends the tenancy no earlier than 20 days after the tenant receives it. Within 10 days the tenant can pay the overdue rent, which means the notice has no effect, or dispute it on Form 2A. Unpaid utility charges can be treated as unpaid rent one month after a written demand.

If the tenant stays, the landlord applies to the Director of Residential Tenancy on Form 2B. The Director can mediate, hold a hearing by phone or in person, or decide in writing. A vacate order goes to the sheriff only after the appeal period ends. The landlord cannot regain possession any other way, change the locks without giving a key, or seize belongings.

Once rent is 5 days overdue (3 days for weekly), a landlord can serve a notice requiring the tenant to leave not less than 10 days after service (3 days for weekly). Paying all overdue rent and any fee before the termination date voids the notice, but only twice in a 12-month period. If rent is due on the first and no time is stated, it is not overdue until the second.

If the tenant stays, the landlord files an Application for Dispute Resolution for vacant possession and serves it at least 10 clear days before the hearing. Hearings are by teleconference. The landlord then gets the order certified and files it with the Office of the High Sheriff. The Residential Tenancies Office does not enforce it. The filing fee in the January 2024 policy we reviewed is $20; confirm the current amount with the Residential Tenancies Office.