In BC, as in many other jurisdictions, tenants are required by law to pay the rent when it is due. Due to a higher cost of living post pandemic, many landlords are facing a situation when the tenants are late in paying rent, not paying the entire rent amount, or not paying rent at all. In these situations, the landlord has the right to end the tenancy.
If the rent is due on the first day of the month and the tenant has not paid on that day, the rent becomes past due. On the following day, in accordance with Section 46 of the Residential Tenancy Branch (RTB) the landlord is entitled to end the tenancy using the 10-Day Notice to End Tenancy for Unpaid Rent or Utilities.
The 10 Day Notice can be served in person, dropping it in the mailbox, posting it on a door, mail or fax, or by mail. Once this notice has been served, the tenant has 5 days to dispute the claim served by the landlord by making an application for dispute resolution to the RTB or pay the outstanding rent.
If the tenant decides to apply for dispute resolution, the notice to move out must be deferred until the resolution process is finished. This may take a few days, a week or a month, depending on the RTB workload. It must be noted that the landlord does not have the right to refuse the tenant entry or seize personal possessions during this period.
If the tenant does not apply for dispute resolution or pay the outstanding rent within the time period, the landlord can apply to the RTB and receive an Order of Possession. Again, this can take time, depending on the RTB workload. The Order of Possession will direct the tenant to vacate the landlord’s premises by a certain date.
The tenant has 2 days to get this reviewed by the RTB. During this period, the Order of Possession is put on hold. If the tenant applies for the review, the landlord must wait and see how the RTB decides on the matter. The landlord cannot forbid entry to the tenant or seize possessions while the matter is being reviewed.
If the tenant has not applied for a review and has not vacated the premises by the due date, the landlord can then take the Order of Possession to the BC Supreme Court, swear an affidavit and obtain a Writ of Possession that orders the tenant to vacate. It allows a court approved bailiff to physically remove the tenant and their belongings.
The landlord must pay for the legal, court and bailiff costs. In some cases, the bailiff can sell the tenant’s personal property to cover some of the costs.
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