Late Rent and NSF Fees in BC

Up to $25. The Residential Tenancy Regulation, section 7 allows an administration fee of not more than $25 for late payment of rent, and section 7(2) says you must not charge it unless the tenancy agreement provides for that fee. The Residential Tenancy Branch's paying rent page puts it simply: the maximum amount a landlord can charge as a late rent fee is $25.

The fee is non-refundable. If your agreement is silent, you cannot add the fee later on your own. Check the agreement first, and see our BC lease agreement basics for what a tenancy agreement normally contains.

Application or processing fees are not allowed under section 15 of the Act, so these late and returned-cheque fees are the only fee route the sources reviewed describe for payment problems.

For a returned cheque, section 7(1) lets you charge two things. First, the same administration fee of up to $25, if your agreement provides for it. Second, separately, the service fee that the financial institution charged you for the return of the tenant's cheque.

The Regulation speaks of the return of a tenant's cheque. The official sources reviewed do not say whether the fee rules reach an e-transfer or other electronic payment that fails. Ask the Residential Tenancy Branch if that is your situation.

They also do not say whether the $25 cap applies once per late payment or once per month. The Regulation says "not more than $25" without a per-event rule, and no official clarification was found, so ask the Branch before charging the fee more than once. The sources reviewed show nothing about daily or percentage late charges, and the $25 is the stated maximum administration fee. Rent also cannot be accelerated by a term in the agreement (section 22).

You may serve a 10 Day Notice even if rent is only one day late or a tenant pays only part of it. On the Branch landlord notice page the form is RTB Form 30, the 10 Day Notice to End Tenancy. Section 46 sets the main numbers:

• The notice cannot take effect earlier than 10 days after the tenant receives it.
• The tenant has 5 days to pay the rent in full or dispute the notice.
• If the tenant neither pays nor disputes, you can use the Direct Request process to seek an order of possession.

Unpaid utilities can be treated like unpaid rent if the tenant does not pay within 30 days of a written demand (section 46(6)). For the wider picture, see our BC notice to end tenancy guide and what to do if a tenant doesn't pay rent.

Chronic lateness is a ground of its own: section 47(1)(b) lets a landlord give a One Month Notice to End Tenancy for Cause when a tenant is repeatedly late paying rent. The form is RTB Form 33, which has a box for that ground. The tenant has 10 days to dispute it.

The Branch's paying rent page says that if a tenant is late paying rent at least 3 separate times, the landlord can give a 1 month notice. Policy Guideline 38 agrees that three late payments are the minimum and they need not be consecutive. It also says a landlord who fails to act in a timely manner after the most recent late payment may be found to have waived the ground. In the guideline's reading, an unforeseeable bank error may be considered and the landlord's inconvenience is not relevant.

Guideline 38 carries a 2004 date, and its section reference no longer matches the current Act, which places this ground at section 47(1)(b). Use the Act's section number and read the guideline itself before relying on it. See Policy Guideline 38.

1. Check the agreement for a late fee or returned-cheque fee. No clause, no fee.
2. Keep a dated record of each payment due, each payment received and each bank fee.
3. Charge only what is allowed: up to $25, plus the bank's fee for a returned cheque.
4. For unpaid rent, serve Form 30 promptly.
5. For a pattern, after at least three late payments, serve Form 33 soon after the latest one.
6. Keep proof of service. Form 33 names the Proof of Service form, RTB-34.

If your tenant keeps paying late, a notice that lands months after the last late payment is at risk of being treated as waived, so timing matters.

Do not change the locks, restrict access or remove belongings over unpaid rent. A court order is needed before removing belongings or restricting access, and Form 33 warns against physically evicting a tenant without a Writ of Possession. Read our BC guide to changing locks. If the tenant stays after a valid notice, see what to do when a tenant won't leave after notice.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.