Unlawful detainer complaint
An unlawful detainer complaint is the US court document that starts an eviction case. BC has no such document. A BC residential landlord applies to the Residential Tenancy Branch for dispute resolution, and a commercial landlord seeking possession from an overholding tenant applies to the Supreme Court of British Columbia, usually by petition.
How BC law treats it
BC Supreme Court proceedings begin with a notice of civil claim or a petition under the Supreme Court Civil Rules, and Small Claims proceedings begin with a notice of claim; complaint is US terminology. The Provincial Court has no role in residential evictions, which go to the Residential Tenancy Branch.
What it means for your business
Using the correct BC process and forum from the start avoids delay in recovering your premises.
Risks and common mistakes
Starting in the wrong forum can result in the proceeding being dismissed and the landlord having to begin again.
For the full explanation, see our entry on Overholding tenant.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
