Tenants in Manitoba may worry about when a landlord's behaviour crosses into criminal conduct. This guide explains what criminal liability can mean for landlords and how tenants can safely respond, report offences, and use the province's dispute process. It covers common examples such as illegal entry, threats, tampering with locks, and harassment, clarifies the difference between civil remedies and criminal complaints, and shows when to involve police versus the Residential Tenancies Branch. The language is plain and aimed at renters and tenants who need to protect their safety, housing stability, and legal rights in Manitoba. If you face a potentially dangerous or unlawful situation, follow the practical steps below and reach out to the official resources listed later.
What can be criminal conduct by a landlord in Manitoba?
Not every problem between a tenant and landlord is criminal. Criminal liability usually requires behaviour that breaks criminal law (for example, threats, assault, or property damage) or municipal bylaws. Below are examples that could be criminal and examples that are typically civil or tenancy matters.
- Illegal or forced entry without notice or consent
- Threats, intimidation, stalking, or harassment that endanger a tenant
- Tampering with locks or intentionally blocking access to a unit
- Damage to personal property that may amount to criminal mischief
- Persistent threatening calls or communications
When to call police versus when to use the tenancy dispute process
Call police immediately if you or someone is in danger, or if a crime is in progress. For non-emergency situations where a landlord has broken tenancy rules (like failing to repair, unlawful eviction notices, or rent disputes), the Residential Tenancies Branch can handle disputes and orders. Many cases involve both routes: for example, if a landlord threatens you and then changes locks, you may report the threat to police and apply to the Residential Tenancies Branch for a remedy and an order for possession or repair. The Branch handles tenancy matters under provincial legislation and accepts applications and forms online or by mail.[1]
Practical steps tenants should take
Documenting and reporting are key. Follow these steps to protect your safety and position if you later need police reports or a tribunal decision.
- Document the incident: date, time, what happened, witness names, and keep photos or videos when safe.
- If you are in immediate danger, call 911 or local police.
- Report the issue to your landlord in writing and keep a copy of the message and delivery proof.
- If the landlord does not fix the situation, file with the Residential Tenancies Branch for a hearing or order. See forms listed below.[3]
- Attend the hearing with your documentation and any police reports available.
Tenant remedies and possible landlord penalties
Remedies depend on facts. The Residential Tenancies Branch can order repairs, compensation, rent abatements, or eviction remedies. Criminal courts can impose fines or jail where criminal law is broken. Tenants may pursue both civil remedies through the Branch and criminal complaints through police. For more about landlord and tenant duties generally, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and local rights summarized at Tenant Rights and Landlord Rights in Manitoba.
How to preserve evidence and protect your safety
Simple, consistent steps make evidence stronger and protect you while the issue is resolved.
- Keep a dated log of every incident and all communications
- Save photos, videos, and damaged items where possible
- Keep copies of notices, emails, texts, and receipts for repairs or replacement
FAQ
- Can a landlord be charged for entering without notice?
- Yes. Entering a rented unit without lawful reason or proper notice can be criminal if it involves force or threat; it can also be a breach of tenancy rules you can raise with the Residential Tenancies Branch.
- Should I contact police or the Residential Tenancies Branch first?
- If there is immediate danger, contact police first. For civil tenancy remedies like orders or compensation, file with the Residential Tenancies Branch. You can do both when appropriate.
- What official forms do I need to start a dispute?
- Use the Branch's application forms to request dispute resolution; see the Branch forms page for the correct application and guidance before filing.
How-To
- Gather your evidence: photos, messages, witness names, and dates.
- Report urgent danger to police and obtain a police report number if possible.
- Complete the Residential Tenancies Branch application form for dispute resolution and attach copies of your evidence.[3]
- Attend the hearing or mediation with your documents and a clear chronology of events.
- If needed, follow up with police or the Branch to enforce orders or report new criminal conduct.
Key Takeaways
- Not all landlord misconduct is criminal; dangerous or violent acts should be reported to police.
- Document incidents carefully and keep copies to support police reports and Branch applications.
- The Residential Tenancies Branch handles civil tenancy remedies while police handle criminal charges.
Help and Support / Resources
- Residential Tenancies Branch (Manitoba)
- Residential Tenancies Act (Manitoba)
- Residential Tenancies Branch forms and application information
