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DismissedResidential Tenancy Branch (British Columbia)·

Landlord Granted Order of Possession for Unpaid Rent

Case No. AnonDec-301219

📌 In brief

A tenant failed to pay their rent on time, leading the landlord to issue a 10 Day Notice. Since the tenant did not dispute or pay the rent as required by law, the Residential Tenancy Branch granted an Order of Possession and Monetary Order for unpaid rent in favour of the landlord.

Topics

unpaid renttenant eviction

Provisions

Residential Tenancy Act (BC), s. 46Residential Tenancy Act (BC), s. 52Residential Tenancy Act (BC), s. 55

📚 Full judgment

The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.

⚖️ View on the official court website ↗

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The landlord gets an eviction order if the tenant does not pay the rent owed within five days of getting a 10 Day Notice.
  • The landlord gets an eviction order if the tenant does not challenge the 10 Day Notice in court within five days.
  • The court will not cancel a landlord's 10 Day Notice if the tenant failed to pay or challenge it on time.
  • A tenant is considered to have agreed to end their tenancy if they did not pay rent within five days of receiving the notice.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The court dismissed the tenant's application to cancel a 10 Day Notice and granted an order of possession and monetary order to the landlord.

Who was involved?

A tenant who failed to pay rent on time, and a landlord seeking unpaid rent and eviction.

How did the court decide, and why?

The court decided that since the tenant did not dispute or pay the outstanding rent within five days of receiving the 10 Day Notice, they were entitled to an order of possession and monetary order.

Which laws or rules were applied?

Sections 46, 52, and 55 of the Residential Tenancy Act (BC) were applied.

What was the argument that mattered most?

The tenant's failure to pay rent within five days of receiving a valid 10 Day Notice was the central issue.

Was the decision for or against the person who brought the case?

The decision was against the tenant, in favour of the landlord.

What does this mean for someone in a similar situation?

If a tenant receives a 10 Day Notice and fails to pay rent within five days, they risk eviction and owing unpaid rent.

What evidence or documents mattered?

The 10 Day Notice served by the landlord and proof of service were key pieces of evidence.

Can a decision like this be appealed?

Yes, decisions from the Residential Tenancy Branch can often be appealed to the Supreme Court of British Columbia.

Is it worth getting a lawyer for a case like this?

It is advisable to consult with a qualified lawyer for legal advice specific to your situation.

Official source: Residential Tenancy Branch (British Columbia) this page does not reproduce the decision; it links to the court's own publication. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Residential Tenancy Branch (British Columbia) (© Province of British Columbia). VadeLab reproduces no part of the decision text; the summary above is VadeLab's own material. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.