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AllowedResidential Tenancy Branch (British Columbia)·

Landlord Wins Order of Possession for Tenant's Failure to Pay Rent

Case No. AnonDec-301451

📌 In brief

A landlord successfully obtained an order from the Residential Tenancy Branch to evict a tenant and recover unpaid rent. The decision was based on the tenant's failure to pay rent or contest the eviction notice within five days as required by law.

Topics

tenant evictionunpaid rent

Provisions

Residential Tenancy Act (BC), s. 46Residential Tenancy Act (BC), s. 53(2)Residential Tenancy Act (BC), s. 67Residential Tenancy Regulation, s. 43

📚 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:

Allowed9 cases
Allowed in Part3 cases

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 tenant did not pay the overdue rent within five days after receiving a 10 Day Notice.
  • The tenant did not challenge the 10 Day Notice within five days after receiving it.
  • The landlord did not return the security deposit within the required timeframe.

❌ Tends to be rejected

  • The landlord did not provide enough proof that the tenant properly received the necessary documents.
  • The tenant tried to withhold rent or challenge a valid rent increase notice by claiming there were issues with past notices.
  • The tenant paid the outstanding rent or properly challenged the notice within the five-day period.

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

❓ Frequently asked questions

Who was involved?

A landlord and a tenant were involved in the dispute.

How did the court decide, and why?

The court decided that the tenant's failure to pay rent or contest the notice within five days entitled the landlord to an order of possession.

Which laws or rules were applied?

Sections 46, 53(2), and 67 of the Residential Tenancy Act (BC) were applied.

What was the argument that mattered most?

The tenant's failure to respond to the eviction notice within five days as required by law was the central issue.

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

The decision was in favour of the landlord.

What does this mean for someone in a similar situation?

A tenant must pay rent on time and respond to eviction notices within five days to avoid losing their tenancy.

What evidence or documents mattered?

Proof of service, 10 Day Notice, and the rental agreement were key documents.

Can a decision like this be appealed?

Yes, decisions from the Residential Tenancy Branch can typically 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.