Disputing Arrears and Back Rent in Manitoba: Tenant Guide

If you’re a tenant in Manitoba facing a claim for arrears or back rent, you have important rights and the ability to dispute what your landlord says you owe. Whether there’s disagreement about the amount, a misunderstanding, or concerns about how the rent was calculated, knowing the process can make a big difference. This guide covers how tenants can challenge arrears claims under Manitoba law and what steps to take if you believe you do not owe the amount claimed.

Understanding Arrears and Back Rent

Arrears means unpaid rent that your landlord says you owe for your rental unit. Back rent often refers to the same thing: outstanding rent from previous months.

If you are behind on rent, your landlord may apply to collect the money or even move to evict. However, as a tenant, you have the right to dispute these claims through Manitoba’s official process. The primary authority for resolving these issues is the Residential Tenancies Branch (RTB) of Manitoba.

Your Rights Under Manitoba Law

Manitoba tenants are protected by the Residential Tenancies Act (RTA). This legislation outlines how landlords must provide notice, how tenants can respond, and the dispute resolution process. You have the right to:

• Get written notice of arrears claims.
• Respond and submit evidence within clear timelines.
• Ask the RTB to resolve disputes if you disagree with your landlord.
• Request a hearing if needed.

For more detail on general rights, see Tenant Rights and Landlord Rights in Manitoba.

Common Reasons for Disputing Arrears

• You believe the amount claimed is incorrect.
• The landlord did not account for rent payments you made.
• You withheld rent legally (for example, due to unresolved significant repairs).
• The rental agreement was unclear about charges.
• The landlord did not follow legal notice procedures.

Understanding your responsibilities as a tenant can help avoid these issues. Review Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for best practices to document your payments.

How the Dispute Process Works in Manitoba

If your landlord files a claim for arrears or back rent, here’s what typically happens:

• Your landlord files a claim for possession and/or money with the RTB.
• You receive a copy of the Application and a Notice of Hearing describing the claim and the date to respond.
• You have the right to dispute the claim, provide supporting evidence, and attend a hearing.

Key Forms and How to Use Them

• Application for Order of Possession/Claim for Rent (RTB Form): Used by landlords to claim arrears and request eviction. See official RTB forms page.
• Notice of Hearing (issued by RTB): Sent to tenants to inform of a dispute and hearing date. If you receive this, act promptly.
• Tenant’s Written Submission (Letter or Statement): Your formal written response. Include details, payment records, receipts, and any proof you have.

Example: If you receive a Notice of Hearing for alleged rent arrears, draft a letter to the RTB explaining your side—attach bank statements or rent receipts as evidence, and submit by the RTB deadline listed on your notice.

Step-by-Step: How to Dispute Arrears or Back Rent

• Read the Claim Carefully: Check the amount, dates, and reasons for arrears given by your landlord.
• Gather Evidence: Collect proof of payment (e.g., e-transfers, bank statements, signed receipts), communications, or anything showing you do not owe all or any of the arrears.
• Submit a Written Response: Write a clear, polite letter or statement outlining your position. Attach your evidence. Follow the instructions in your Notice of Hearing for submitting documents to the RTB and your landlord.
• Attend the Hearing: Be present on the day listed. Be ready to answer questions and present your evidence. You can bring a support person or witness if needed.
• Await Decision: The RTB will review all submissions and evidence. A decision will be sent to both sides after the hearing.

If the decision is not in your favour, you may be able to request a review. Contact the RTB right away if you want to challenge the outcome.

What to Expect at the RTB Hearing

Hearings can be in person, by phone, or video. Prepare by:

• Organizing your documents in order.
• Reviewing your rent agreement and written communications.
• Listing key points you want to make.
• Staying calm and respectful during the process.

After the hearing, the RTB will issue a written order outlining the decision and next steps. Orders are binding and explain payment timelines if any money is owed.

Preventing Arrears Disputes

To reduce the chance of arrears issues, always:

• Pay rent on time and keep proof of payment.
• Communicate in writing if you expect a payment delay.
• Read your rental agreement carefully and clarify rent amounts before signing.

For general information about starting a tenancy, see Understanding Rental Deposits: What Tenants Need to Know.

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FAQ: Disputing Arrears and Rent Claims in Manitoba

1. What if I disagree with the rent amount my landlord claims I owe?
   You have the right to dispute the claim through the RTB. Respond in writing, provide evidence, and participate in the hearing to present your case.
2. Do I have to move out if I am behind on rent?
   Not immediately. The landlord must apply to the RTB for an order of possession. You will have a chance to respond and dispute the arrears at the hearing.
3. How long do I have to respond to an arrears claim?
   The deadline will be on your Notice of Hearing. Act quickly—usually, you must respond several days before the scheduled hearing date.
4. What can I use as evidence for my rent payments?
   Acceptable evidence includes bank statements, rent receipts, e-transfer confirmations, or written statements from witnesses.
5. Where can I get help disputing an arrears claim?
   You can contact the Residential Tenancies Branch, local tenant advocacy groups, or Legal Aid Manitoba for support.

Key Takeaways for Manitoba Tenants

• You have the right to dispute arrears and back rent claims with the RTB.
• Respond quickly, submit evidence, and participate in the hearing for the best outcome.
• Staying organized and communicating in writing helps protect your rights.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) – Manitoba’s official tribunal for residential disputes, rent arrears, and evictions.
• Residential Tenancies Act (RTA) – Read the governing law for Manitoba tenants.
• Legal Aid Manitoba – Offers legal help to those eligible.
• Manitoba Tenant Advocacy Organizations – Support for tenants facing disputes.
• Review your rights: Tenant Rights and Landlord Rights in Manitoba

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1. Manitoba Residential Tenancies Branch (RTB): https://www.gov.mb.ca/cca/rtb/
2. Residential Tenancies Act (RTA): https://web2.gov.mb.ca/laws/statutes/ccsm/r119e.php
3. Official RTB Forms: https://www.gov.mb.ca/cca/rtb/forms/index.html

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