Residential Tenancies Branch

Section 7

Notice of Termination

Sub-Section 7.6

Notice by a Landlord — For Non-Payment of Rent

Legislation

s.53, 95(1), 95(2), 95.1(1) 95.1(2), 95.1(3), 95.1(4), 95.1(5), The Residential Tenancies Act

Definitions

Habitual late payment: rent is paid after the due date, without valid or good reason, three or more times during a year or during the term of a fixed-term tenancy agreement.

Notice of termination: a written notice by a landlord to end a tenancy. Landlords must use the prescribed form when giving a tenant a notice of termination (the form set out in the Residential Tenancies Regulation).

Order of Possession: a written Order, issued by the Branch, that enforces a Notice of Termination. The tenant must move out of a rental unit on or before a set date.

Policy

A tenant must pay the full rent on the day it’s due.

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If a tenant doesn’t pay their rent, a landlord is entitled to give notice on the fifth day of a rental payment period. For example: The rent is due on May 1st. The tenant doesn’t pay the rent. On May 5th, the landlord can give the tenant notice. Or, the rent is due on May 15th. The tenant doesn’t pay. On May 19th, the landlord can give the tenant notice.

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When a landlord gives a notice for non-payment, they can decide how much time they will give the tenant to move. The Act does not set any guidelines on how much time the landlord must give. A landlord may want to consider giving a tenant a reasonable amount of time to pack and move. (See Sample #1.)

A landlord’s notice of termination for non-payment of rent must be on the prescribed form. The form includes all of the following information:

• the name of the tenant(s);
• the address of the rental unit that the notice applies to;
• the reason for giving notice;
• the amount of unpaid rent;
• the date the tenant is to move out;
• a statement that the tenant is entitled to disagree with or dispute the landlord’s right to give notice; and
• a statement that if the tenant pays the total rent and any other amount due, they don’t have to move unless the landlord states in writing that they still expect the tenant to go.

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If a landlord doesn’t use the prescribed form, the Branch may not consider it valid and enforceable.

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When giving a tenant notice, a landlord must deliver the notice to the tenant in person. The landlord can also hand it to an adult at the rental unit. If there is more than one tenant, the landlord must put all the names on the notice. However, generally the landlord doesn’t need to give each tenant their own copy of the notice. If the landlord has difficulty serving the notice to any party, they can contact the Branch for permission to serve the notice in some other way.

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A landlord can give notice to move for non-payment of rent during the winter or during the school year.

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A landlord can’t give a tenant a notice to move for non-payment of late fees only. A landlord may file a claim for compensation for unpaid fees.

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After the landlord gives the notice, the tenant may offer to pay the rent. If the tenant offers to pay, the landlord can:

• take the rent and allow the tenant to stay in the rental unit; or

• take the rent and tell the tenant immediately, in writing, that the landlord still considers the tenancy to be terminated and that the tenant still has to move because they’ve been habitually late paying their rent. (see Sample #2). The landlord must give the tenant the written confirmation as soon as practical. If the branch needs to determine if a landlord acted reasonably, it will consider such factors as where, when and how the tenant paid the rent. To enforce this notice, the landlord must be able to show that the tenant was late with their rent at least three times during the previous year or current tenancy agreement.

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If the tenant doesn’t pay the rent or move out of the rental unit by the date in the notice, the landlord can apply for an Order of Possession.

If the tenant pays the rent after receiving notice, but doesn’t pay the late fees, the landlord may not be entitled to an Order of Possession, unless the tenant has been habitually late paying the rent. The landlord can file a claim for the unpaid late fees or claim them against the security deposit at the end of the tenancy.

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When a tenancy is ending, the Branch encourages a landlord and tenant to discuss move-out arrangements ahead of time. For example: booking an elevator, if necessary; or setting up an appointment to complete a rental unit condition report. A tenant doesn’t have the right to stay in a rental unit beyond the last day of a notice period. If a tenant needs to stay in a rental unit until the first day of the next rental payment period, they must make special arrangements with the landlord.

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If a tenant doesn’t move after receiving a notice of termination, a landlord may apply to the Branch for an Order of Possession and file a claim for money that the tenant owes. A landlord can’t change the locks on a rental unit to force a tenant out. If a landlord locks a tenant out, the tenant may ask the Branch for help. The Branch will try to solve the problem through mediation. If mediation is not successful, the Branch may order the landlord to let the tenant back into the rental unit. If the landlord doesn’t comply with the Order, the Branch may authorize the tenant to hire a locksmith and deduct the cost from their rent. The Branch may also impose administrative penalties. This may be considered if there is a serious or repeated breach of either the Act or an Order.

Procedure

Overview

A landlord can ask the Branch for information on how to end a tenancy, because of non-payment of rent. They can also ask the Branch to help them end a tenancy through mediation or by making a decision and issuing an Order.

Steps ▼

1.The officer encourages the landlord and tenant to share information, and to discuss the problem, to try to come to an agreement.

2.When a landlord or tenant asks the Branch for help with a notice of termination problem, an appropriate officer follows the procedures for:

• mediation
• orders of possession
• hearings

Forms

Notice of Termination for Non-Payment of Rent (For all residential tenancies, other than tenancies that include tenant services or tenancies respecting a mobile home, mobile home site or both)
...............................................................Form 8/Residential Tenancies Regulation
...............................................................Form 8.1/Residential Tenancies Regulation
...............................................................Form 9/Residential Tenancies Regulation

X-Referencing

For more information on Mediation, see Section 1.
For details on late payment fees, go to Section 2.
Orders of Possession are covered in Section 8.
For details on hearings, see Section 11.

Policy Developed

September, 1992*

Last Revision

June, 2015

Other Resources

None

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