In BC, a landlord can end a tenancy for repeated late payment of rent once a tenant has paid late at least three times. The landlord serves a One Month Notice to End Tenancy for Cause (RTB-33) under RTA s.47(1)(b), and the tenant has 10 days to dispute it. Paying the arrears does not cancel this notice.
How does the repeated late payment rule work?
Section 47(1)(b) of the Residential Tenancy Act lets a landlord end a tenancy if "the tenant is repeatedly late paying rent". RTB Policy Guideline 38 explains how arbitrators apply it:
- Three is the minimum. Fewer than three late payments can't support the notice.
- They needn't be in a row. On-time months in between don't reset the count, but late payments far apart may not be "repeated".
- Delay can waive it. A landlord who doesn't act promptly after the latest late payment may be found to have given up the ground.
- Reasons rarely matter. An exceptional cause, such as an unforeseeable bank error, may be considered; whether the landlord was inconvenienced is irrelevant.
The same rule applies to manufactured home site tenancies under MHPTA s.40(1)(a).
Serving the One Month Notice for Cause
- Record each late payment: the due date, the date paid and how it was paid.
- Complete form RTB-33, ticking "Tenant is repeatedly late paying rent", soon after the third or latest late payment.
- Set an effective date at least one month after the tenant receives it, on the day before rent is due (s.47(2)).
- Serve it and keep proof of service. If no dispute is filed within 10 days, the tenant is presumed to accept the end date (s.47(4)–(5)).
Frequently asked questions
How many late payments are "repeated" in BC?
At least three. An arbitrator still looks at the pattern, so three late payments spread over several years may not qualify.
Is this the same as a 10 Day Notice?
No. The 10 Day Notice (RTB-30) is for rent that is unpaid now, and paying in full within five days cancels it. The One Month Notice for repeated lateness has no pay-to-cancel option; the tenant's remedy is to dispute it.
Can I also charge a late fee?
Only if the tenancy agreement provides for it, and no more than $25 per late payment (Residential Tenancy Regulation s.7(1)(d) and (2)).
What can a tenant argue at the hearing?
That fewer than three payments were late, that they were too far apart, that the landlord waited too long, or that an exceptional cause like a bank error was to blame. See what happens at an RTB hearing.
What if the tenant doesn't leave?
The landlord applies to the RTB for an order of possession, then enforces it through the Supreme Court if needed.
Ready to serve a cause notice?
Fill in BC's One Month Notice to End Tenancy for Cause (RTB-33).
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