Tenant Not Paying Rent in British Columbia

Your main tool is the 10 Day Notice to End Tenancy for Unpaid Rent or Utilities, Form RTB-30. You can serve it when rent is late by even one day, or when the tenant pays less than the full amount. The notice takes effect no earlier than 10 days after the tenant receives it.

The tenant then has 5 days to do one of two things: pay the overdue amount in full, or apply to the RTB to dispute the notice. Paying in full within the 5 days cancels the notice. If the tenant does neither, they are treated as accepting that the tenancy ends on the effective date, and you can move on to getting an order.

The notice rules sit in the Residential Tenancy Act. For the whole eviction picture, see the BC eviction process guide.

Rent is due by midnight on the day stated in the tenancy agreement. A tenant cannot hold back rent on their own. The exceptions are narrow:

• an RTB order that allows it;
• emergency repairs the tenant paid for and you did not reimburse;
• a deposit overpayment;
• an increase that was not lawful; or
• your written permission.

Before you serve a notice, check whether a short payment is actually one of these. Check this before you serve a notice.

You may accept late rent, but you are not required to. If your agreement provides for it, you can charge a late fee of up to $25. An NSF (bounced payment) administration fee is also up to $25, plus the bank's actual service fee. Neither can be charged unless the agreement allows it. The Residential Tenancy Regulation sets these limits, and our Ask page explains whether a landlord can charge late fees.

1. Serve the 10 Day Notice (Form RTB-30) for the unpaid amount. Fill it in accurately, because the notice has to be in proper form for an order to follow.
2. Wait 5 days. The tenant can pay in full or dispute. If they pay in full, the notice is cancelled and you cannot proceed.
3. If the tenant neither pays nor disputes, apply for an order of possession. The direct request process lets you ask for the order of possession and an order for the unpaid rent without a hearing.
4. If the tenant disputes, there is a hearing. If the arbitrator dismisses the tenant's application or upholds your notice, the arbitrator must grant you an order of possession, and a payment order for the unpaid rent, as long as the notice is in proper form.
5. If the tenant still does not leave, enforce the order through the BC Supreme Court and a bailiff. See what to do when a tenant will not leave after notice.

The RTB filing fee is $100, with a fee waiver for low income or hardship. A review application costs $50. See the RTB fees page.

If your tenancy agreement makes the tenant responsible for utilities and they are unpaid more than 30 days after you make a written demand, you can treat them as unpaid rent and serve the same 10 Day Notice. The written demand comes first. Keep a copy.

This only works when the agreement actually makes the tenant pay the utilities. If it does not, the amounts are not treated as rent.

An RTB order for money does not collect itself, and the RTB does not enforce monetary orders. After the review period ends (the RTB pages say 15 days), you can file the order as a judgment in Small Claims Court or the BC Supreme Court. Filing needs the original order or a certified copy, and Form RTB-21 (Confirmation of Service).

Once it is a judgment, the court tools are available: a payment hearing, garnishing wages or bank accounts, seizure by a court bailiff, a default hearing, and registering a certificate of judgment at the Land Title Office. The RTB monetary order page explains each step.

A few limits to keep in mind:

• RTB monetary claims go up to $35,000.
• You must apply within 2 years of the tenancy ending.
• A party claiming a loss must take reasonable steps to limit it.

You cannot simply keep the security deposit because rent is owed. To claim unpaid rent against the deposit you need the tenant's written consent or an RTB order. You can apply the deposit against an order once you have one.

You must return the deposit or apply to the RTB within 15 days after the later of the end of the tenancy and the date you receive the tenant's forwarding address in writing. If you do neither in time, you lose the right to claim against the deposit and must pay the tenant double. Our deposit rules are covered in the BC security deposit guide.

Unpaid rent never gives you the right to take the law into your own hands. You cannot:

• seize the tenant's belongings or block access to them, whether or not rent is paid;
• cut off or restrict essential services such as heat, water or electricity;
• change the locks or physically remove the tenant;
• ask the police to evict.

Seizing belongings and cutting services are offences with fines of up to $5,000, and the RTB can impose penalties of up to $5,000 per day. Taking possession of a unit that a tenant still occupies, without a writ of possession, is also an offence. Police do not carry out evictions.

The lawful path is slower but safe: notice, order, then the court and bailiff. Our overview of what to do if a tenant does not pay rent gives the short version.

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