What Can a Tenant Do If Their Landlord Doesn’t Pay a Monetary Order?

Winning a monetary order against your landlord, whether through the Residential Tenancy Branch (RTB) or Small Claims Court, is an important step. But if the landlord refuses to pay voluntarily, you may need to take legal action to enforce the judgment and recover the money owed to you. This article outlines the options available in British Columbia to enforce a monetary judgment through the courts.

Step 1: Wait for the Review Consideration Period to Expire

Before taking enforcement steps, you must wait 15 days from the date the Residential Tenancy Branch issues the monetary order. This waiting period allows the other party time to apply for a Review Consideration (an appeal). If no appeal is filed within this time, the order becomes final and enforceable.

Step 2: File the Monetary Order in Small Claims Court

Once the 15-day waiting period has passed and the landlord has not paid, you can file the monetary order in Small Claims Court for enforcement. After the court registers the judgment, you can pursue the following enforcement options:

1. Payment Hearing

A payment hearing allows you to ask the court to order the landlord to appear and disclose their financial situation. During the hearing, the judge may:

• Order immediate payment, or

• Set a payment schedule (e.g., monthly installments).

This hearing gives the court an opportunity to assess the landlord’s ability to pay and hold them accountable under court supervision.

2. Garnishment

You can apply to the court for a garnishing order to recover funds directly from third parties who owe money to your landlord. This is commonly used to:

• Garnish wages through the landlord’s employer, or

• Seize funds from a bank account.

If granted, the third party (such as the bank or employer) will be ordered to send the funds directly to you until the judgment is paid.

3. Seizure and Sale of Personal Property

In cases where your landlord owns valuable personal property (such as a vehicle or equipment), you may apply for a writ of seizure and sale. If granted, a court-authorized bailiff can seize non-exempt assets and sell them to recover the money owed.

Note: Some property is legally exempt from seizure (e.g., basic household furnishings or tools of the trade). The bailiff must follow the Court Order Enforcement Act when executing this option.

4. Registration Against Land

If your landlord owns real estate in British Columbia, you can register the court judgment against the title of the property through the Land Title Office. This places a legal claim (lien) on the property, which can prevent the landlord from refinancing, selling, or transferring it without first addressing the debt.

While this method may not result in immediate payment, it creates long-term pressure and ensures the debt cannot be easily ignored.

If your landlord refuses to pay a monetary order, you are not without options. British Columbia law provides several legal tools, such as payment hearings, garnishment, property seizure, and land title registration, that can help you recover what you’re owed.

Each enforcement method requires careful preparation and legal paperwork. You may wish to consult a lawyer, legal advocate, or court clerk for guidance through the process.

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