How to Enforce a Monetary Order in British Columbia

If the Residential Tenancy Branch (RTB) has issued you a monetary order, it means they have determined, through a dispute resolution hearing, that you are legally entitled to receive money from the other party. This could include unpaid rent, compensation for damages, or the return of a security deposit.

However, while the RTB has the authority to make the order, they do not enforce it. If the other party does not pay voluntarily, it is your responsibility to enforce the order by filing it in Small Claims Court. Here’s what you need to know.

Step 1: Serve the Monetary Order and Demand Letter

Before taking your case to court, you must formally serve the other party with two documents:

1. A copy of the monetary order issued by the RTB.

2. A demand letter requesting payment. This letter should include:

   • Your name and the recipient’s name and address

   • The date of the letter

   • A clear statement that the letter is a demand for payment

   • A reasonable deadline for payment (e.g. within 5–10 business days)

   • Accepted methods of payment and where to send them

   • A warning that you will file in Small Claims Court if payment is not received

   • Your signature

Service must be completed using a method approved under Section 88 of the Residential Tenancy Act. These include:

• Personal delivery

• Registered mail (note: considered received five days after mailing)

• Leaving the documents in a mailbox, mail slot, or with an adult at the residence

It’s important to keep a record of how and when you served the documents, as proof of service will be needed in court.

Step 2: Wait for the 15-Day Review Period

You must wait 15 days from the date the RTB issued the monetary order before taking legal action. This waiting period allows the other party time to apply for a Review Consideration (an appeal).

After the 15 days have passed:

• Contact the RTB to confirm whether a review has been filed.

• If no review has been requested, the order stands, and you can proceed to file it in Small Claims Court.

• If a review has been requested, you must wait for the RTB’s decision before continuing.

Be cautious when calculating the 15-day period, especially if you served the documents by registered mail (which adds five days to the delivery timeline).

Step 3: File the Order in Small Claims Court

If payment is not received and no review has been filed, you can take the next step by filing the monetary order in Small Claims Court (part of the Provincial Court of BC, for claims up to $35,000).

To file your claim, you’ll need:

• The original RTB monetary order

• A completed “Confirmation of Service of Monetary Order for Enforcement in Provincial Court” form (RTB-21)

• The filing fee

Once filed, the RTB order becomes a judgment of the court. This gives you access to enforcement tools, including:

• Garnishment of wages or bank accounts

• Payment hearings

• Seizure and sale of assets by a court bailiff

• Registration of the debt against property owned by the debtor

These actions can only be taken after the court recognizes the RTB order.

Enforcing Larger Orders (Over $35,000)

If your monetary order exceeds $35,000, enforcement must be pursued through the BC Supreme Court. In such cases, you will need to file a certified copy of the RTB order and follow the Supreme Court’s enforcement procedures. This applies most commonly to compensation orders equal to 12 months’ rent, issued in bad-faith eviction cases.

The Residential Tenancy Branch can award you money, but it is up to you to collect it. Understanding the steps, from serving the monetary order and waiting out the review period, to filing in Small Claims Court, is key to successfully enforcing what you’re owed.

While the process may require patience and follow-up, taking timely and organized action ensures that you’re using all the tools available to recover the funds granted to you under BC tenancy law.

This article provides general information and does not constitute legal advice. Residential tenancy laws in British Columbia can change, and individual circumstances vary. Always consult the Residential Tenancy Branch or a qualified legal professional for advice specific to your situation, and refer to the most current legislation and official RTB forms before making any decisions.