Emergency Eviction Rights for Tenants in Manitoba
Facing an emergency eviction can be stressful, especially if you don't know your rights or the correct procedures. In Manitoba, tenants are protected by specific laws and have clear steps they can take when a landlord tries to evict them on short notice. This guide explains what emergency evictions are, how the process works, and what resources you have as a tenant in Manitoba.
What Is an Emergency Eviction?
An emergency eviction in Manitoba is a situation where a landlord asks the Residential Tenancies Branch (RTB) for immediate permission to end a tenancy, usually because of severe concerns. Emergency evictions—sometimes called "summary evictions"—are only allowed when there is:
- Serious risk to health or safety
- Major damage to property
- Illegal activities that put people or property at risk
Normal eviction processes have specific timeframes and notice periods, but emergency evictions are expedited due to potential harm.
When Can a Landlord Request an Emergency Eviction?
According to Manitoba's Residential Tenancies Act[1], landlords may apply for an emergency order if the situation involves:
- The tenant endangering others or the property
- Actions that affect health, safety, or cause significant disturbance
- Illegal activity occurring in the rental unit
Examples of Emergency Evictions
- Setting a fire intentionally, or causing a hazardous gas leak
- Violent threats or actual violence against other tenants or staff
- Operating illegal drug manufacturing in the unit
In less urgent situations like unpaid rent or minor damage, the normal eviction process applies. Tenants can learn more about such issues in Common Issues Tenants Face and How to Resolve Them.
Your Rights and the Emergency Eviction Process
If your landlord applies for an emergency eviction, the process moves quickly but must follow the law:
- Your landlord must submit an application to the Residential Tenancies Branch (RTB).
- The RTB will review the application, and may grant an emergency order if the evidence shows real risk.
- Tenants will get a copy of the order and instructions on what to do next.
You have the right to appeal if you believe the emergency eviction order was wrongfully issued. Timelines are very short—sometimes as little as 48 hours—so act quickly to protect your rights.
Official Form: Application for an Emergency Order of Possession
- Form Name: Application for Order of Possession (Form 7)
- When Used: A landlord submits this to request immediate removal of a tenant for urgent reasons.
- Official Source: Order of Possession Forms - Manitoba RTB
- How Tenants Use It: If you receive this form, you should read it carefully and respond immediately. Contact the RTB or a legal clinic if you oppose the application.
For guidance on what to do after receiving such a notice, see What Tenants Need to Know After Signing the Rental Agreement.
What Are Your Options When You Receive an Emergency Eviction Notice?
It's important to stay calm and review your situation. Here are key steps:
- Read the eviction order and any provided documents immediately
- Contact the Residential Tenancies Branch to confirm your rights and timelines
- Prepare to respond or appeal if you believe the eviction is unfair
- Seek legal advice or advocacy support
- Document any relevant information, such as communications with your landlord or witnesses
Sometimes emergency orders relate to Health and Safety Issues Every Tenant Should Know When Renting. Addressing those promptly may help resolve the situation before eviction.
Appealing an Emergency Eviction Decision
If you wish to dispute an emergency eviction, you must file an appeal quickly—often within 48 hours of being notified. The appeal process is explained by the RTB, and tenants should gather all evidence and reasons why the eviction should not proceed. Details and forms are provided on the RTB website.
Legislation Covering Emergency Evictions
Emergency evictions in Manitoba are covered by the Residential Tenancies Act (see sections 95–98). This act also sets out the general rights and responsibilities of both tenants and landlords for all rental situations.
Explore more about Tenant Rights and Landlord Rights in Manitoba for a broader overview.
Staying Informed: Preventing Emergency Evictions
Many emergency evictions result from misunderstandings about rules, repairs, or conduct. Understanding your responsibilities, keeping open communication with your landlord, and addressing problems early can often avoid emergencies.
To search for a new home or rental option in your area, Explore Houseme for nationwide rental listings.
FAQs About Emergency Evictions in Manitoba
- Can a landlord evict me immediately without notice?
Landlords must apply to the Residential Tenancies Branch for an emergency order. Only in very rare and serious cases—such as danger to health or safety—can they receive immediate permission. You will still be notified and have the right to appeal. - What should I do if I receive an emergency eviction order?
Read the documents carefully, contact the RTB, and act fast if you wish to appeal. Consider seeking legal advice from a tenant advocacy group or community legal clinic. - Are emergency evictions used for unpaid rent?
No. Emergency evictions are for situations involving danger or serious illegal activity. Standard procedures—with proper notice—apply for issues like unpaid rent. - Where can tenants get help if they're facing an emergency eviction?
Contact the Residential Tenancies Branch, local legal clinics, or tenant advocacy services. Many can provide free or low-cost advice. - Does the Residential Tenancies Act protect tenants during emergency evictions?
Yes, tenants are entitled to notice and the right to appeal as set out by the Act.
Key Takeaways
- Emergency evictions are only allowed in Manitoba for serious health, safety, or legal risks.
- Tenants must be notified, and have the right to respond or appeal quickly.
- Always check notices and act immediately to protect your housing rights.
Need Help? Resources for Tenants
- Residential Tenancies Branch (RTB Manitoba) – Main Contact
- Tenant Advocacy Services – Manitoba Justice
- Manitoba Employment and Income Assistance — Emergency Help
- Legal Aid Manitoba
- For more details on tenant rights: Tenant Rights and Landlord Rights in Manitoba
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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