Facing eviction in Manitoba raises urgent questions about your security deposit. This plain-language guide explains what can happen to your deposit when a landlord seeks to end a tenancy, key timelines you must meet, official forms to file with the Residential Tenancies Branch, and practical steps to protect or reclaim money withheld. It covers how deductions are calculated, the evidence the branch expects, and what to do if you disagree with a landlord s claim. If you re unsure about deadlines or how to submit an application, the steps here will help you act quickly and keep records that support your case. The guidance focuses on Manitoba tenancy rules and everyday actions tenants can take.
What happens to your deposit if you are evicted?
When a landlord successfully obtains an order to end a tenancy in Manitoba, the landlord may seek to keep part or all of a security deposit to cover unpaid rent, damages beyond normal wear and tear, or other unpaid charges that are allowed by law. Tenants have the right to see an itemized explanation for any deductions and to dispute amounts they believe are unfair. For help with forms and timelines, contact the Residential Tenancies Branch [1].
Key timelines and deadlines
Understanding and meeting deadlines is critical. If you receive a notice or file an application, note the timeline given on the notice and act promptly to preserve your rights.
- Respond to a notice or file an application within the timeframes shown on the notice.
- If you are given a number of days to fix a problem or pay arrears, follow that deadline exactly to avoid further action.
Common reasons a landlord may deduct from a deposit
- Unpaid rent or rent arrears at the end of the tenancy.
- Costs to repair damage beyond normal wear and tear.
- Unpaid utility or service charges if the tenancy agreement allows.
How to protect your deposit during an eviction process
Document everything from move-in condition to communications during the tenancy. Take dated photos and keep copies of receipts, emails, and text messages. If you disagree with deductions, you can apply to the Residential Tenancies Branch for a hearing where you present evidence and request a decision.
How to apply to the Residential Tenancies Branch
To dispute deductions or respond to a landlord s claim, you will usually file an application with the Residential Tenancies Branch. The Branch has forms and instructions on what to include and how to submit evidence.[3]
- Complete the relevant application form and attach copies of receipts, photos, and any correspondence.
- Keep originals and provide clear, dated evidence to support your position.
- Attend any scheduled hearing and be prepared to explain your evidence clearly.
What to expect at a hearing
At a hearing the adjudicator will listen to both sides, review evidence, and issue a written order. If the order awards you a refund of part or all of your deposit, the landlord must follow that order or you may take steps to enforce it.
Finding other housing while dealing with an eviction
If you need to look for a new place while you resolve a deposit dispute, consider using national listing tools to compare options quickly. Find rental homes across Canada on Houseme can help you search listings in Manitoba and other provinces while you manage tenancy issues.
For more detail on how deposits work at move-out, see How to Get Your Security Deposit Back with Interest When Moving Out and for an overview of deposits in general see Understanding Rental Deposits: What Tenants Need to Know.
FAQ
- Can my landlord keep my security deposit after an eviction?
- If a landlord has an order or a valid reason allowed by law, they may keep part or all of the deposit, but you can apply to the Residential Tenancies Branch to dispute the deductions.
- How long does the Residential Tenancies Branch take to decide a deposit dispute?
- Timelines vary, but the Branch will schedule a hearing and issue a written decision; continue to meet any immediate deadlines shown on notices to avoid further consequences.
- What evidence helps in a deposit dispute?
- Photos from move-in and move-out, dated receipts for repairs or cleaning, copies of communication with the landlord, and witness statements are commonly used.
How-To
- Note the notice deadline and act within the timeframe given by the landlord or tribunal.
- Collect and organize evidence: photos, receipts, and written communications.
- File the appropriate application with the Residential Tenancies Branch and attach your evidence.
- Attend the hearing, present your case clearly, and answer questions about your evidence.
- If the decision orders a refund, follow the directions to receive payment or take steps to enforce the order.
Help and Support / Resources
- Residential Tenancies Branch - Manitoba Justice
- Residential Tenancies Act (Manitoba)
- Legal Aid Manitoba - tenant services
