24-Hour Entry Notice Exceptions for Manitoba Tenants

Understanding your right to privacy is vital as a renter in Manitoba. While most landlord visits require 24-hour written notice, there are important legal exceptions. This guide helps tenants navigate entry rules, outlining when notices are required, explaining exceptions, and providing practical steps to take if your rights are not respected under Manitoba law.

When Can a Landlord Enter With 24-Hour Notice?

Under The Residential Tenancies Act of Manitoba, landlords must typically give tenants at least 24 hours' written notice before entering a rental unit. This notice must state:

• The reason for entry
• The date and time of entry (must occur between 8am and 9pm, unless agreed otherwise)

Common reasons requiring notice include routine inspections, repairs, or showing the unit to prospective renters or buyers.

Key Exceptions: When 24-Hour Notice Is Not Required

There are situations where Manitoba landlords may enter a rental unit without giving the standard notice. These legal exceptions include:

• Emergency situations – For example, if there is a fire, flood, or urgent repair that threatens the safety of the property or tenants.
• If the tenant consents at the time of entry – If you agree to the visit when the landlord asks to enter, written notice is not needed.
• Abandonment – If the landlord believes you have abandoned the rental unit, entry is allowed to secure or assess the property.
• Regular cleaning for care homes or boarding houses – If it's clearly stated in your tenancy agreement that cleaning or services are provided at set times.

Otherwise, tenants have the right to privacy and quiet enjoyment of their home. Details on landlord and tenant responsibilities are further explained in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Emergency Entries Explained

Emergency entry is one of the most common exceptions. For instance, if plumbing bursts or smoke is detected, landlords can access your unit without prior notice to protect health and safety.

If you experience an emergency repair, review Emergency Situations and Repairs: Tenant Rights and Responsibilities for information on what to expect and your rights in these urgent cases.

What Should Notice Look Like?

The written notice must be clear and posted in a visible location, handed to you directly, or delivered in a manner permitted by provincial rules. Notices left under your door or received electronically may be valid if agreed to in your lease.

Official Forms and How to Use Them

If you believe a landlord has entered unlawfully or you need to address a privacy complaint, Manitoba's Residential Tenancies Branch (RTB) oversees tenant and landlord disputes. They provide official forms and information:

• Application for Order of Possession (Form 12) – Used by landlords in certain cases, and as reference for tenants if a dispute arises about entry and privacy. See official RTB form resources.
• Tenant's Application (Form 13) – Tenants can use this to dispute improper landlord entry, ask for compensation, or request an order to stop further unauthorized entry.
  Practical example: If your landlord enters repeatedly without notice and it's not an emergency, fill out Form 13, provide supporting documents (e.g., photos of entry notices or related messages), and submit to the RTB.

Submission instructions, deadlines, and downloadable forms are available on the RTB forms webpage.

Your Rights Under Manitoba Law

The main legislation protecting tenant privacy and governing landlord entry is The Residential Tenancies Act (C.C.S.M. c. R119). The Act's Section 23 details entry rules and exceptions. Knowing this helps when communicating with your landlord or seeking support from the RTB.

For a broad overview of tenant rights in your province, visit Tenant Rights and Landlord Rights in Manitoba.

Finding a New Home?

If you decide to move due to repeated privacy issues or other concerns, you can Find rental homes across Canada on Houseme – an easy, trusted tool for searching apartments, condos, and rental homes nationwide.

FAQs: Manitoba Landlord Entry Exceptions

1. Can a landlord enter my home without notice for routine repairs?
   No. Except in emergencies, routine repairs always require at least 24 hours' written notice in Manitoba.
2. What if I feel my privacy was violated by my landlord?
   You should document the incident (including dates and details) and may file a complaint with the RTB using Form 13. Consider reviewing How to Handle Complaints in Your Rental: A Tenant’s Guide for more tips.
3. Can I refuse a landlord’s entry if they give notice?
   Generally, you cannot refuse entry if all notice and timing requirements are met and the reason for entry is valid. However, notice must still be proper and reasonable.
   
4. Does my landlord have to provide notice for fire alarm inspections?
   Yes, unless it is an emergency or specifically stated as a regular service in your lease, written notice must be provided for safety checks such as fire alarm inspections.
5. Can I break my lease if my landlord enters unlawfully multiple times?
   Repeated unlawful entry can be grounds for seeking an early end to your tenancy, but you must apply to the RTB and provide evidence. Always seek official advice first.

Key Takeaways for Tenants

• Landlords require 24-hour written notice for most non-emergency entries.
• Exceptions apply for emergencies, abandonment, or with the tenant's consent.
• You can seek help, file a complaint, and potentially claim compensation if your privacy rights are breached.

Keeping records and knowing the law can help protect your home and peace of mind.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB): Call 204-945-2476 (Winnipeg) or 1-800-782-8403 (toll-free) or visit Manitoba RTB website
• Tenant organizations: Connect with local tenant advocacy groups like the Manitoba Tenants Union for advice and support.
• Government legislation: Review The Residential Tenancies Act for full legal text.
• For more information, visit Tenant Rights and Landlord Rights in Manitoba.

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1. "The Residential Tenancies Act (C.C.S.M. c. R119)." Government of Manitoba. Full Act Text
2. "Rights and Responsibilities of Landlords and Tenants." Manitoba Residential Tenancies Branch. RTB Resources
3. "Forms." Manitoba Residential Tenancies Branch. Official Forms

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