How Landlords Can Navigate Tenant Evictions Under British Columbia’s RTA

Navigating tenant evictions in British Columbia requires strict adherence to the Residential Tenancy Act (RTA) and Residential Tenancy Regulation. Landlords must ensure legal grounds exist, use correct notices, respect timelines, and allow tenants access to dispute resolution to avoid penalties, delays, or invalid claims.

These are the most common eviction scenarios in BC. For a full list of eviction grounds and legal requirements, visit the BC government’s website.

1. Grounds for Eviction and Required Notice Periods

Non‑Payment of Rent

If rent is overdue, even by a single day or dollar, a landlord may issue a 10‑Day Notice to End Tenancy for Unpaid Rent or Utilities (Form RTB‑30). The tenant has 5 days to pay in full or apply to the RTB for dispute resolution. If no action is taken within five days, the tenancy ends on the 10th day. The landlord may then apply for an Order of Possession, including via the Direct Request process if the tenant does not dispute.

Breach of a Material Term (“Cause”)

Landlords can serve a One-Month Notice to End Tenancy for Cause (Form RTB‑33) for violations such as unauthorized occupants, illegal activity, serious property damage, or repeated late rent (three times within 12 months). Tenants have 10 days to dispute this notice via the RTB.

Landlord’s Use of Property

If the landlord, or a close family member (spouse, parent, or child), intends to occupy the unit, the landlord must serve a Three-Month Notice to End Tenancy for Landlord’s Use. Notices for landlord use or purchaser occupancy must be generated through the RTB web portal. Tenant dispute periods are 21 days for the three-month notice. Tenants must receive one month’s rent compensation either as payment or as last-month rent black-out. If the stated use does not occur or the occupant stays for under 12 months, tenants may claim up to 12 months’ rent, unless excused under extenuating circumstances.

2. Proper Notice and Service

Landlords must use the correct RTB-approved form and ensure all notices specify a correct effective date compliant with the RTA. Service must follow Section 88 of the RTA, using personal delivery, leaving the notice with an adult at the unit, or in a mailbox/mail slot (deemed served after 3 days), or registered mail (deemed served after 5 days).

3. Tenant Dispute Deadlines

Deadlines to dispute notices are strictly enforced:

• 5 days for a 10-Day Notice (non-payment)

• 10 days for a One-Month Notice (cause)

• 15 days for a Two-Month Notice (e.g. subsidy qualification)

• 21 days for a Three-Month Notice (landlord or purchaser use)
  

Missing a deadline typically means acceptance of the eviction notice. Extensions may be granted only in exceptional circumstances, such as hospitalization, based on RTB Policy Guideline 36.

4. What Happens After the Notice Period

If the tenant does not vacate as required:

• Landlords may apply to the RTB for an Order of Possession.

• Once issued, the order must be served on the tenant.

• If the tenant still refuses to leave, landlords must file a Writ of Possession in BC Supreme Court. Only court-approved bailiffs may enforce removal. Landlords cannot change locks or remove belongings without legal authorization, or they may incur penalties.

Compliance Tips for Landlords

• Always use up-to-date RTB forms and check whether the notice must be generated through the RTB web portal.

• Document every step - date served, method, recipient.

• Use proper dispute timelines and do not ignore tenant challenges.

• Never attempt "self-help" evictions, stick to legal enforcement via RTB and court orders.

Evicting a tenant legally in BC requires understanding and respecting the RTA and RTR, valid reasons, correct notice forms and periods, tenant dispute rights, and formal enforcement procedures. When unsure, consult the Residential Tenancy Branch or seek legal advice to ensure compliance and minimize risk.

This article provides general information only and does not constitute legal advice. Tenancy laws in British Columbia may change, and each case is unique. Consult the Residential Tenancy Branch or a qualified legal professional for advice specific to your circumstances, and refer to the most current legislation and RTB forms before taking action.