Eviction for Damage Claims in Manitoba: What Tenants Need to Know

If you’re a Manitoba tenant facing eviction because your landlord claims you caused damage to your rental unit, it’s important to understand your rights, the eviction procedure, and your options for responding. Manitoba’s rental laws offer protections and set clear guidelines for both tenants and landlords. Here’s what you need to know to protect yourself and navigate the process confidently.

Eviction for Alleged Damages: How It Works in Manitoba

Landlords in Manitoba can apply to evict a tenant if they believe the tenant has caused significant damage to the rental property beyond normal wear and tear. However, strict rules ensure this process is fair and allows tenants a chance to respond.

The Legal Framework

Evictions over alleged damages are governed by the Residential Tenancies Act (Manitoba). All claims and notices must comply with this law, and disputes are handled by the Residential Tenancies Branch (RTB), the official tribunal for renting matters in Manitoba.^[1]

What Counts as "Damage"?

Damage means harm caused to the unit that goes beyond normal wear and tear expected from everyday living. Examples include:

• Broken windows or doors
• Holes in walls
• Significant stains or burns on carpets
• Flooding or fire damage due to tenant negligence

It does not include minor scuffs, worn carpet, or faded paint that happens over time.

Notice and the Eviction Application Process

Your landlord cannot simply ask you to leave without following proper procedure. If they believe you caused damage, here’s what typically happens:

• The landlord must give you notice and may serve the RTB’s Notice of Termination citing “damage” as the reason.
• If you do not move out or if you disagree, the landlord can apply to the Residential Tenancies Branch for an Order of Possession (Form 9), which is an official request to evict the tenant due to damage.

Tenants have a right to a hearing and an opportunity to present their side, including evidence or witnesses showing the damage either did not occur, was accidental, or falls under "normal wear and tear."

Responding to Damage Claims as a Tenant

If you receive a termination notice based on alleged damage:

• Read the notice carefully; check the dates and details.
• Gather any documentation (move-in inspection reports, photos, communications).
• Respond promptly—there are legal deadlines.
• Attend all RTB hearings and state your case. You may provide witnesses or proof supporting your position.

For more guidance on documenting the unit’s condition, see the Guide to the Initial Rental Property Inspection for Tenants.

Deposits, Repairs, and Your Rights

Landlords may use the security deposit to pay for proven damages, but only after following RTB procedures and after a hearing, if there is a dispute. Learn more from Understanding Rental Deposits: What Tenants Need to Know.

If you believe the damage has been exaggerated or wrongly blamed on you, you can counter the claim during the RTB hearing. The Branch decides based on evidence from both sides.

Your Rights and Responsibilities

Tenants have a duty to take reasonable care of the home, but landlords must prove their claims with evidence. If you believe repairs are routine or necessary due to age or use, you can present this during a dispute. For more information about tenant and landlord duties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

What Happens After the Hearing?

If the RTB finds that you did cause significant damage, they may grant your landlord an Order of Possession, which allows them to take back the unit. If not, you may stay. Either side can appeal the decision to the Manitoba Residential Tenancies Commission.

For a more detailed overview of provincial rules, see Tenant Rights and Landlord Rights in Manitoba.

Key Manitoba Eviction Forms

• Order of Possession (Form 9): Used by the landlord to request eviction due to damage.
  Access the form and instructions via the RTB website. Example: Your landlord submits this after giving you a notice and if you don’t move out.
• Application for Determination (Form 2): Used by tenants to ask the RTB to settle a dispute, such as disputing damage claims.
  Get it from the official forms page.

You can request assistance from the RTB for filling out or delivering these documents if needed.

How To Respond to an Eviction Notice for Alleged Damage

Follow these steps if you receive a damage-based eviction notice:

• Check the dates and reason stated on your notice—confirm it specifically lists “damage.”
• Collect all evidence (inspection checklists, photos, emails, texts with your landlord).
• If you dispute the claim, complete an Application for Determination (Form 2) as soon as possible.
• Submit the completed form to the Residential Tenancies Branch by the deadline on your notice. Deadlines are strict, so act quickly.
• Prepare for the RTB hearing: gather your evidence and line up any witnesses.
• Attend the hearing (in person, by phone, or virtually as directed). State your case clearly.

Other Resources for Tenants

For further details on moving out or handling repairs, you might find these resources helpful:

• The Final Inspection: What Tenants Need to Know Before Moving Out

If you're looking for your next place or want details on rental options, you can Find rental homes across Canada on Houseme easily.

FAQs: Eviction for Alleged Damages in Manitoba

1. Can my landlord evict me immediately for alleged damage?
   No. Your landlord must give you proper notice and follow the Residential Tenancies Branch process. You have the right to respond and dispute the claim.
2. What if the damage was not caused by me?
   Gather proof—such as inspection reports or photographs—and present your side at the RTB hearing. You can also call witnesses if needed.
3. Who decides if I’m responsible for the damage?
   The Residential Tenancies Branch (RTB) holds a hearing and reviews evidence from both sides before making a decision.
4. Will I lose my security deposit if there’s a damage claim?
   The deposit can only be used after a proper determination is made. For more info, see Understanding Rental Deposits: What Tenants Need to Know.
5. Can I appeal the decision?
   Yes. If you disagree with the RTB outcome, you may file an appeal with the Manitoba Residential Tenancies Commission.

Key Takeaways for Tenants

• Eviction for damages in Manitoba requires a formal process and legal notice.
• Tenants have a right to dispute damage claims and attend a hearing.
• Keep thorough documentation — it’s vital for defence against unfair claims.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch (RTB) – Contact and Office Locations
• Tenant Rights Resources from Government of Manitoba
• Local tenant organizations and legal clinics (such as Legal Aid Manitoba)

1. Residential Tenancies Act (Manitoba)