Tenants who paid rent on the 2nd instead of the 1st weren’t late, B.C. court finds

This stock image shows a door with an eviction notice on it. (Credit: Shutterstock)

A B.C. judge has overturned an eviction for repeated late payment of rent after finding that two payments received on the second of the month instead of the first were actually on time.

The tenants had unsuccessfully challenged the eviction with the Residential Tenancy Branch, which found in the landlord’s favour and upheld the one-month notice to end tenancy.

Evictions for repeated late payment of rent require a minimum of three late payments, which do not need to be consecutive, according to a provincial policy guideline.

In this case, two of the e-transferred late payments the landlord relied upon to establish grounds for eviction came on July 2 and Sept. 2 of 2025.

Sepideh Khazei, a staff lawyer with the non-profit Tenant Resource and Advisory Centre, took on the case when it came for judicial review, during which she raised what proved to be a winning legal argument.

Central to her argument was that July 1 and Sept. 1 were both statutory holidays in 2025.

“If rent is specified to be due on a holiday, then it becomes due on the next day that is not a holiday,” Khazei explained, summarizing how she applied a piece of provincial legislation called the Interpretation Act to advocate for her clients, who were represented free of charge.

Khazei argued the lease was a “legal instrument” as defined by the act, and therefore provisions around holidays should apply. The legislation defines a holiday as every Sunday, New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, B.C. Day, Labour Day, the National Day for Truth and Reconciliation, Remembrance Day, Christmas Day and Boxing Day.

The judge agreed that the Interpretation Act applied, and that the payments for July and September of that year were not due until the second of the month.

“At least two of the three late payments were not late,” the judge wrote in the decision overturning the eviction.

While the landlord could appeal, Khazei noted the decision in favour of the tenants was decisive.

“The court decided that the eviction notice should not stand and didn’t actually send the decision back to the (Residential Tenancy Branch) but decided to cancel the notice,” she said.

While Khazei said she would never advise any tenant to intentionally pay their rent late, she also said the decision in this case could be useful to tenants in similar situations.

“If you try to pay your rent on a holiday, and it goes through, for example, the next day, it shouldn’t be considered late,” she said.

While the Tenant Resources and Advisory Council can’t provide a lawyer to every tenant seeking to challenge an eviction, the organization also has resources that can help better equip people to fight for themselves.

“We’re hoping to help as many people as we can,” she said.