Renting in Manitoba should be free from unfair or illegal terms that single out tenants because of race, family status, disability, sex, religion, or other protected characteristics. If you are a tenant and spot a lease clause that seems to ban service or support animals, require medical disclosures, or treat certain groups differently, this guide explains how human rights intersect with residential tenancy rules. It outlines when a clause may be discriminatory, the provincial laws and agencies that can help, practical examples of unlawful clauses, and clear steps you can take to challenge or remove problematic language from your lease. These plain-language tips aim to help tenants protect their rights and pursue remedies when needed.
What makes a lease clause discriminatory in Manitoba?
A clause is discriminatory when it singles out or disadvantages tenants because of a protected characteristic under Manitoba human rights law. Common protected grounds include disability, family status, gender, race, religion and age. Even where a landlord intends a neutral policy, its effect can be discriminatory if it disproportionately excludes people with protected characteristics. Tenancy and human rights systems overlap: some issues are handled by the Residential Tenancies Branch while others are resolved through the Manitoba Human Rights Commission.[1][2]
Examples of unlawful lease clauses
- Prohibiting service or emotional support animals in a way that ignores medical needs
- Banning tenants because of race, religion, sex, family status, or disability
- Charging higher rent, deposits, or fees for people from particular groups
- Requiring unnecessary medical or health disclosures that invade privacy
Which laws and agencies can help?
For tenancy disputes and many lease clause challenges, the Residential Tenancies Branch handles applications and hearings. The applicable provincial statute is the Residential Tenancies Act, which governs landlord and tenant rights and sets out rules about lease terms, notices, and dispute resolution. For discrimination on protected grounds, the Manitoba Human Rights Commission can accept complaints alleging a breach of human rights law.[1][2][4]
Official forms tenants may use
Here are the most relevant official forms and when to use them, with practical examples.
- Application for Dispute Resolution (Residential Tenancies Branch) — use this to ask the Branch to review a lease clause you believe is unfair. Example: you submit the application after your landlord refuses to remove a clause banning support animals; include the lease page and correspondence.
- Notice templates and evidence checklists (RTB forms and guides) — use these when you need to give formal notice or collect required documents; attach photos or written communications to support your claim.
- Manitoba Human Rights complaint form — file this when the lease clause treats you differently because of a protected characteristic; include the lease, any refusal letters, and explanations of harm.
Always keep copies of the filled forms and proof of delivery. For form links and details, see the Residential Tenancies Branch forms page and the Manitoba Human Rights Commission.[3][4]
How to challenge a discriminatory clause
A simple pathway helps most tenants move from concern to resolution. Try informal steps first, then use formal channels if needed.
How-To
- Collect evidence: copy the lease page with the clause, keep emails or texts, take dated screenshots or photos of the clause and any related messages.
- Contact the landlord in writing: explain why the clause is problematic and request a change; keep a dated copy of the message and any reply.
- Submit an Application to the Residential Tenancies Branch if the landlord refuses: include the lease, your written request, and supporting evidence.[3]
- File a human rights complaint with the Manitoba Human Rights Commission for discrimination based on protected grounds: attach the lease and evidence showing differential treatment.[4]
- Attend any scheduled hearing or mediation, bring originals and copies of evidence, and be ready to explain how the clause affected you.
FAQ
- Can a landlord ban service or emotional support animals in a lease?
- No. Clauses that prohibit service or emotional support animals can be discriminatory if they prevent tenants with legitimate needs from accessing housing; you can raise this with the Residential Tenancies Branch or the Human Rights Commission.
- Which agency should I contact first about a discriminatory clause?
- Start with the Residential Tenancies Branch for lease and tenancy enforcement; if the issue involves discrimination on a protected ground, you can also file with the Manitoba Human Rights Commission.
- What evidence helps a complaint succeed?
- Provide the lease text, written requests between you and the landlord, photos or screenshots, medical or support letters when relevant, and a clear timeline of events.
Key Takeaways
- Discriminatory lease clauses may be unenforceable and can be challenged under provincial tenancy and human rights processes.
- Start by documenting the clause and communicating in writing with the landlord before filing official forms.
- Use the Residential Tenancies Branch for tenancy disputes and the Manitoba Human Rights Commission for discrimination claims.
Help and Support / Resources
- Residential Tenancies Branch, Government of Manitoba
- Residential Tenancies Act (Manitoba)
- Manitoba Human Rights Commission
