10 Day Notice for Unpaid Rent or Utilities
On March 25, 2021 legislation was changed so landlords no longer have to file for a separate hearing to be granted a monetary order to recover unpaid rent if a tenant was not successful in disputing a 10-day notice.
A 10 Day Notice to End Tenancy for Unpaid Rent or Utilities can be served to tenants who do not pay the full rent or utilities when they are due.
Utilities can only be included on this notice if the tenancy agreement requires the tenant to pay these charges to the landlord.
The tenant must pay the landlord all the rent for the full month, even if the 10 Day Notice to End Tenancy ends the tenancy before the end of month. If the tenant pays all the rent and utilities owing within five days of receiving the notice, the notice is cancelled and the tenancy continues.
- See what happens if a tenant doesn’t pay within five days
- 10 Day Notice to End Tenancy for Unpaid Rent or Utilities (PDF)
Disputing a Notice To End Tenancy Calculator
How long does a tenant have to dispute a Notice to End Tenancy? Use this calculator to get information about disputing a Notice to End Tenancy.
Order of Possession Calculator
When can a landlord apply for an order to have your tenant move out? Use this Order of Possession calculator to learn about timelines for applying for an order of possession.
Doing it Right
All notices to end tenancy have multiple pages – it’s only valid if the landlord serves all pages to the tenant. There are rules about how and when a landlord can serve notice – be sure to do it correctly:
By law, tenants must always be given the right amount of notice – even if the landlord uses an incorrect date. This correction can be made without having to go through the dispute resolution process. If you’re unsure about the effective date of a notice to end tenancy, please contact the Residential Tenancy Branch.
Move Out Date
A tenant who does not pay the unpaid rent or dispute the notice within five days of receiving it must move out on or before 1 p.m. on the effective date of the notice.
Disputing a Notice to End Tenancy
Because legal notice has been served, tenants who disagree with a notice must apply for dispute resolution – writing a letter or talking to the landlord is not enough. Within five days of receiving the notice, submit a tenant's application for dispute resolution to the Residential Tenancy Branch along with a copy of the Notice to End Tenancy. Choose from these forms groups on the forms page:
- Dispute Resolution Forms - Standard
- Dispute Resolution Forms - Direct Request
If a tenant disputes a 10 day notice to end tenancy by the five-day deadline, the notice is suspended until an arbitrator makes a decision. A tenant must move out within 10 days of receiving the notice if they do not dispute it or pay the outstanding rent or utilities.
When a landlord has served a notice to end tenancy, and the tenant has disputed the notice, the landlord continues to be entitled to payment of rent or payment for use and occupancy while awaiting resolution of the dispute.
The landlord also continues to be entitled to payment for use and occupancy when a tenant does not move out by the effective date of a notice to end tenancy that the tenant has not disputed. In this case, the landlord may apply for dispute resolution seeking an order of possession and accept payment for use and occupancy while awaiting dispute resolution.
When accepting payment for use and occupancy, the landlord should state in writing that:
Note: The “use and occupancy” arrangement is short-term—it allows use and occupancy only for the period of the payment and does not reinstate the tenancy. If, in a dispute resolution hearing, a party claims that tenancy has been reinstated, an arbitrator will consider all the circumstances including the intent of both parties when exchanging payment.
If the five-day deadline has passed and the tenant has not disputed the notice or paid the overdue rent or utilities, the landlord can apply for an Order of Possession and a Monetary Order using the direct request process.
The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: March 26, 2021.