Late and Unpaid Rent in BC: Landlord Questions Answered
by Platuni | 23 Sep, 2026 | 5 mins read
Platuni
23 September, 2026
5 mins read
#1. Can I charge a late fee?
Yes, up to $25, and it has to be written into the tenancy agreement before you can rely on it, a fee that isn't in the lease can't be added after the fact just because rent came in late. What isn't allowed is a per-diem structure, charging $10 a day for every day rent is outstanding is unenforceable regardless of what the lease says. A separate NSF fee, also capped at $25, plus whatever your bank actually charged you, applies when a cheque or e-transfer bounces.
[Cite: Residential Tenancy Regulation, BC Reg 477/2003, s 7(1)(d)]
#2. What actually counts as unpaid rent for the notice
This is where landlords most often trip up the timeline. A 10-Day Notice has to be based on actual unpaid rent, or unpaid utilities the tenant agreed to cover under the agreement. An unpaid $25 late fee sitting on the ledger doesn't get folded into that notice; fees and rent are tracked separately for this purpose. Utilities run on their own separate track too: if a tenant hasn't paid utilities they agreed to, you serve a 30-day written demand first, and only move to the 10-Day Notice if that 30 days passes with nothing paid.
[Cite: Residential Tenancy Act, SBC 2002, c 78, s 46(1); Province of British Columbia, Types of Evictions]
#3. Does a partial payment stop the notice?
No, not on its own. Once a 10-Day Notice is served, the tenant has five days to pay the full outstanding amount to cancel it. A partial payment during that window reduces what's owed, but the notice itself stays live unless the full balance is cleared. If the five days pass without full payment and without a dispute filed, the next step is applying to the RTB for a monetary order and an order of possession, not changing the locks yourself.
[Cite: Residential Tenancy Act, SBC 2002, c 78, s 46]
#4. Can a tenant legally withhold or deduct rent?
In two specific situations, yes. If a landlord fails to reimburse a tenant for a legitimate emergency repair the tenant paid for and properly documented, the tenant can deduct that amount from rent. Separately, if a rent increase didn't comply with the Act's requirements, the tenant can deduct the non-compliant portion entirely. Outside those two situations, a tenant who simply decides to withhold rent, over a repair dispute, a disagreement about conditions, anything else, is exposed to the same 10-Day Notice as anyone else who doesn't pay. The tenant is expected to tell the landlord the reason for a deduction before making it; skipping that step is itself risky for them.
[Cite: Residential Tenancy Act, SBC 2002, c 78, ss 33(7), 43(1)]
#5. What if this keeps happening?
Paying rent on time is treated as a material term of the tenancy, not a courtesy. A tenant who's late repeatedly, even if every payment eventually clears in full, can be served a One Month Notice for cause on that pattern alone. You don't need to wait for a payment that never comes; the repetition itself is the ground.
[Cite: Residential Tenancy Act, SBC 2002, c 78, s 47]
Frequently asked questions on late and unpaid rent in BC
What is the maximum late fee a BC landlord can charge?
$25, and only if the fee is written into the tenancy agreement. You can't charge it as a daily rate. A separate fee for a bounced payment is also capped at $25, plus whatever your bank actually charged you.
When can I serve a 10-Day Notice for unpaid rent?
Once rent is unpaid on or after the day it's due. The tenant then has five days to pay the full amount or dispute the notice. Only unpaid rent, and unpaid utilities after a 30-day written demand, can go on the notice. Late fees can't.
Does a partial payment cancel a 10-Day Notice?
No. Only paying the full outstanding amount within five days cancels it. A partial payment reduces what's owed, but the notice stays in effect.
Can I change the locks if the tenant doesn't pay rent?
No. If the tenant doesn't pay in full or dispute the notice within five days, the next step is applying to the Residential Tenancy Branch for an order of possession and a monetary order. If the tenant still won't leave after you have the order, only a court bailiff can remove them, acting under a writ of possession from the BC Supreme Court.
How many late payments justify ending a tenancy?
Repeated late payment is its own ground for a One Month Notice, even when the rent is always paid eventually. The Residential Tenancy Branch generally treats three late payments as the minimum to justify one.
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