Tenants and renters in Manitoba may face applications at the Residential Tenancies Branch (RTB) that were filed in bad faith — for example, repeated eviction claims meant to harass or coerce a tenant rather than resolve a genuine dispute. Knowing how the RTB handles bad-faith applications helps renters protect their rights, avoid unnecessary hearings, and respond properly if they are accused of filing in bad faith. This guide explains what counts as bad faith, the sanctions the RTB can impose on applicants, the official forms and timelines involved, and practical steps tenants can take to document evidence, raise a bad-faith objection, and seek remedies. It’s written for tenants without legal training and focuses on Manitoba-specific processes and resources.
What counts as a bad-faith application?
At the Manitoba RTB, a bad-faith application is one where the primary purpose is harassment, delay, or coercion rather than a genuine attempt to resolve a tenancy issue. Examples include repeated filings about the same minor issue after a matter was already decided, applications meant to force a tenant to move, or submitting false evidence. If you see a pattern of claims with no legitimate basis, the RTB may treat future filings as abusive.[1] The governing rules and definitions are found in Manitoba legislation and RTB guidance.[2]
Penalties and sanctions the RTB can impose
The RTB has tools to discourage bad-faith filings and to protect respondents. Sanctions are intended to be proportional to the misuse and may include one or more of the following:
- Order to pay costs or compensation to the tenant for time, legal expenses, or financial loss caused by the frivolous application.
- Dismissing or striking the application so it does not proceed to hearing.
- Restrictions on future filings, such as requiring leave of the RTB before filing again.
- Formal admonitions where the RTB documents misuse of process, which can affect credibility in later matters.
Official forms and when to use them
Several RTB forms are commonly used when responding to or reporting bad-faith applications. See the RTB forms page for official downloads and completed examples.[3]
- Application for Dispute Resolution (RTB application) — Use this to start a formal RTB process if you need an order (for example, to get compensation after a bad-faith filing caused you costs). Example: after missing work for a groundless hearing, a tenant files this application to recover lost wages and associated costs.
- Response to Application / Notice of Objection — File this when a landlord or tenant files against you; include a clear statement if you believe the application is in bad faith and attach evidence. Example: respond with dated photos, receipts, and an explanation showing the claim repeats a previously dismissed matter.
- Request for Costs or Sanctions (where available) — Some RTB processes allow a party to seek costs; check the forms page and RTB rules for the correct form and timing. Example: after the RTB dismisses a frivolous claim, you submit the costs request form with an itemized list of expenses.
How to protect yourself as a tenant
If you are a tenant dealing with a potential bad-faith filing, take clear steps to protect your tenancy and present a strong case:
- Keep records of every communication: texts, emails, notices, and receipts that show the timeline and context.
- Collect evidence: dated photos, repair requests, witness notes, and any prior RTB decisions that show the repeated or baseless nature of claims.
- Note deadlines: file responses or objections by the RTB timelines and show proof of service if you deliver documents in person or by mail.
- Seek assistance early: contact tenant advice services, legal aid, or an RTB information officer to confirm your options.
FAQ
- What if I think a landlord filed just to pressure me to move?
- If you suspect the application is meant to pressure you, state that in your response to the RTB and attach evidence showing motive or pattern; the RTB can dismiss abusive applications and may order costs.[1]
- Can a tenant be penalized for filing an honest but unsuccessful application?
- No. Filing a genuine concern that lacks success is not bad faith. Penalties are usually reserved for frivolous, vexatious, or abusive filings where the purpose is malicious or obstructive.
- How quickly does the RTB act on a bad-faith claim?
- Timing varies by caseload, but you should respond within the RTB deadlines and request a hearing or costs remedy promptly; check RTB timelines for current processing expectations.[3]
How-To
- Gather and organize all evidence (photos, receipts, messages, prior RTB decisions) into one file.
- File a timely written response or objection with the RTB, explicitly stating if you believe the filing is in bad faith.
- Request a hearing date and, where available, submit a request for costs or sanctions with itemized expenses.
- Contact tenant support or legal aid for help preparing your bundle and presenting at the hearing.
Help and Support / Resources
- Residential Tenancies Branch (RTB) — Government of Manitoba
- [Manitoba] Residential Tenancies Act — Official legislation
- Government of Manitoba — Tenant information and services
- [1] Residential Tenancies Branch — Government of Manitoba
- [2] Residential Tenancies Act (Manitoba) — Official legislation
- [3] RTB forms and publications — Government of Manitoba
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Relevant internal resources: Tenant Rights and Landlord Rights in Manitoba and How to Handle Complaints in Your Rental: A Tenant's Guide
