Dealing with a late rent payment is one of the most common (and stressful) situations a landlord can face. Whether it’s a one-time issue or a pattern of missed payments, it’s important to know your rights, responsibilities, and the proper process under BC’s Residential Tenancy Act (RTA).

When Is Rent Officially Considered Late?
In British Columbia, rent is considered late the day after it’s due. If your lease agreement says rent is due on the 1st of the month and no payment is received by that day, it is considered late on the 2nd. No grace period is required by law, although some landlords choose to allow one in practice.

Step 1: Communication First (But Act Quickly)
It’s always worth reaching out to your tenant to check in before jumping to formal action. Mistakes happen, maybe there was a banking error, a forgotten date, or a personal emergency. If the tenant has been reliable up until now, a quick call or email might resolve things easily.

That said, it’s important not to delay too long. If payment isn’t received and you don’t hear back promptly, you should proceed with the legal steps available to you.

Step 2: Issuing a 10 Day Notice to End Tenancy
If rent remains unpaid, the next step is to serve a 10 Day Notice to End Tenancy for Unpaid Rent or Utilities. This is a formal document provided by the Residential Tenancy Branch that outlines the amount owing and the timeline for the tenant to act.
Once served, the tenant has:

• 5 days to pay the full amount (including any unpaid utilities if applicable), or
• 5 days to file a dispute with the Residential Tenancy Branch (RTB), or
• 10 days to move out of the rental unit.
• If the tenant pays within 5 days, the notice is automatically cancelled. If they dispute it, the RTB will schedule a hearing. If no action is taken, the tenancy ends after 10 days.

Step 3: Applying for an Order of Possession
If the tenant neither pays nor disputes the notice within the 5-day window, you can apply to the RTB for an Order of Possession. This legal document gives you the right to regain possession of the unit but you must not attempt to evict the tenant yourself without this order.

If granted, and the tenant still refuses to leave, you’ll need to involve a court bailiff to enforce the eviction. Self-help evictions (such as changing locks, removing belongings, or shutting off utilities) are illegal in BC and can lead to fines or penalties against the landlord.

Document Everything
It’s essential to keep clear records throughout the process: copies of the tenancy agreement, rent payment history, communication with the tenant, and proof of delivery for any legal notices. These records will be critical if the case ends up in dispute resolution.

Want to know how best to avoid late rent payments?
Contact us at info@brixpm.ca