Evicting a Roommate in Manitoba: Legal Steps for Tenants

Living with a roommate in Manitoba can be convenient, but sometimes conflicts arise that require one person to move out. If you find yourself needing to evict a roommate, it's important to follow the correct legal steps—especially if you're a tenant, not the landlord. This guide explains the eviction process for roommates in Manitoba, your rights, and how to seek help if needed.

Understanding Roommate Situations in Manitoba

The process for removing a roommate depends on your rental arrangement. In Manitoba, if both you and your roommate have signed the same lease with the landlord, both of you are considered tenants under The Residential Tenancies Act (RTA)^[1]. If only the main tenant (you) signed the lease, and your roommate is not on the agreement, your roommate may be considered an "occupant." This distinction is key to deciding which steps to take.

What Rights Do Tenants and Roommates Have?

If your roommate is a co-tenant (they signed the lease), only the landlord or the Residential Tenancies Branch (RTB) can officially evict them. If your roommate is not on the lease (subtenant or guest), you have more flexibility, but should still follow best practices and provincial laws. For more on shared rights, see Tenant Rights and Landlord Rights in Manitoba.

Steps to Evict a Roommate Who Is Not on the Lease

If your roommate is not a named tenant on the lease, you should:

• Talk to your roommate and try to resolve issues amicably.
• Provide written notice asking them to leave (reasonable notice is usually 30 days, but check your agreement or house rules).
• If your roommate refuses, you may apply to the Residential Tenancies Branch for an order of possession.

Always keep a written record of communication in case you need to show evidence.

Official Form: Application for Order of Possession (Not on Lease)

If your roommate doesn't leave after written notice, you can apply for an Order of Possession through the Manitoba Residential Tenancies Branch. The required form is the Tenant’s Application for an Order of Possession. This allows the RTB to help remove someone who should not be in your home.

• When to use: If a non-tenant roommate refuses to move out after ample written notice.
• Official source and download: Tenant’s Application for an Order of Possession
• How to use: Complete and submit the form to the RTB, providing details and evidence that you provided notice to your roommate.

For practical advice on handling disagreements or shared responsibilities, read Common Issues Tenants Face and How to Resolve Them.

Evicting a Roommate Who Is on the Lease

If your roommate is a co-tenant, you cannot evict them yourself. Only the landlord or RTB can end their tenancy. Here’s what you should do:

• Discuss the situation with your landlord—they may be able to issue a notice if there are violations (like non-payment of rent).
• If the problem involves safety, disturbances, or illegal activity, contact your landlord and consider notifying the police if needed.
• If your landlord starts a formal eviction process for all tenants, you may all have to move out unless another arrangement is reached.

What If the Roommate Refuses to Leave?

If your roommate ignores your notice or the situation escalates, you have a few options:

• Apply to the RTB for an Order of Possession (see above).
• Seek mediation services offered by the RTB, which can sometimes help resolve disputes without a formal hearing.
• Maintain a peaceful environment and avoid confrontation.

Relevant Manitoba Legislation and Tribunal

Evictions and tenancy disputes are governed by The Residential Tenancies Act. The Residential Tenancies Branch (RTB) handles tenant applications, disputes, and orders. Only the landlord or RTB can formally evict someone named on a lease.

What If I Want to Leave Instead?

If your roommate makes it impossible to live together safely, consider whether you want to move out yourself. Always provide the correct notice if you are ending your tenancy. See How to Properly End Your Rental Agreement as a Tenant for steps and tips.

Summary: Evicting a Roommate in Manitoba

The legal process depends on your lease arrangement and whether your roommate is a co-tenant. Always communicate first, provide written notice, use the official RTB process when needed, and keep records. If you are ever unsure, reach out to a tenant advocacy group or the RTB for guidance.

For those seeking a new place after a difficult roommate situation, Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can I evict my roommate myself in Manitoba?
   If your roommate is not on the lease (i.e., not a co-tenant), you can ask them to leave with reasonable notice. If they are a co-tenant, only the landlord or RTB can evict them.
2. What can I do if my roommate won't leave after I give them notice?
   You can apply to the Residential Tenancies Branch for an Order of Possession using the Tenant’s Application form.
3. What is considered "reasonable notice" for a roommate to move out?
   While there’s no set rule in Manitoba law, 30 days is typical. Check if you have a written agreement or house rules.
4. Can my landlord help remove my roommate?
   The landlord can only evict someone who is a tenant (on the lease). If your roommate is not a tenant, it’s your responsibility to follow proper procedures.
5. Where can I find support or advice about tenant issues in Manitoba?
   Contact the Residential Tenancies Branch or a local tenant advocacy group for assistance.

Key Takeaways

• Know your lease status—processes differ for co-tenants vs. occupants.
• Use written notice and documented communication.
• Apply to the RTB if legal assistance is needed to remove a roommate.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) - Manitoba: Call 204-945-2476 (Winnipeg) or 1-800-782-8403 (outside Winnipeg)
• Tenant FAQs – Manitoba Government
• Manitoba Tenant Resources and Advocacy
• For more on your rights, see Tenant Rights and Landlord Rights in Manitoba

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1. Manitoba. The Residential Tenancies Act.
2. Residential Tenancies Branch – Manitoba Government
3. Tenant’s Application for an Order of Possession – Manitoba

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