In accordance with the Residential Tenancy Act, SBC 2002 c 78, there are rules that a Landlord must comply with when dealing with a Tenant who has stopped paying their rent.
STEP 1: The Landlord must serve a document titled “10-day Notice to End Tenancy for Unpaid Rent or Utilities” on the Tenant.
- must be in writing;
- must be signed and dated by the landlord;
- must state the address of the rental unit at issue;
- must state the effective date of the notice;
- must state the grounds for ending the tenancy; and,
- must be in the approved form.
STEP 2: The Landlord must give the tenant five days to either:
- pay all overdue rent; or,
- apply to the Residential Tenancy Brach for dispute resolution.
Scenario 1: If the Tenant pays the overdue rent, the notice is cancelled and the tenancy continues.
Scenario 2: If the Tenant applies for dispute resolution, a hearing is held and a final determination is made that is binding on all parties.
Scenario 3: If the Tenant ignores the notice, does not pay, and does not move out of the rental unit within ten days, the Landlord may apply to the Residential Tenancy Branch for dispute resolution and seek an Order of Possession and a Monetary Order.
The Residential Tenancy Branch website has all of the forms that you will need to fill out and serve. It is also a useful tool to assist Landlords in finding out what steps need to be taken in order to comply with the rules and either get paid or get possession of their rental unit back.
If you are uncertain of your obligations, have any questions or need some assistance, Drysdale Bacon McStravick LLP is here for you. Give us a call at 604-939-8321 to schedule a consultation with one of our litigation lawyers who can help guide you through the process!