Eviction in Manitoba for Contacting the RTB or Inspectors: Tenant Rights Explained

Tenants in Manitoba may worry about being evicted after reporting health, safety, or repair issues to the Residential Tenancies Branch (RTB) or city inspectors. Understanding your legal protections is essential so you can exercise your rights without fear of retaliation. This article offers clear guidance on what Manitoba law says, actions landlords may or may not take, and where to turn for help if you face possible eviction for reporting concerns.

Can Your Landlord Evict You for Contacting the RTB or City Inspectors?

In Manitoba, it is illegal for a landlord to evict – or attempt to evict – a tenant simply because the tenant contacted the Residential Tenancies Branch (RTB) or city inspectors about property conditions. This type of eviction is considered retaliatory and is prohibited under Manitoba's Residential Tenancies Act.^[1] Landlords must follow specific legal procedures if they wish to end a tenancy, and they cannot use your efforts to enforce your rights as grounds for eviction.

What Is a Retaliatory Eviction?

A retaliatory eviction occurs when a landlord tries to end a tenancy because a tenant:

• Complained about repair or maintenance issues to the landlord, RTB, or other authorities
• Requested a city inspection for health and safety concerns
• Asserted their legal rights, such as asking for repairs or filing a complaint

Under the law, these actions are protected, and your landlord cannot legally evict you because of them.

Your Rights Under Manitoba's Residential Tenancies Act

The Tenant Rights and Landlord Rights in Manitoba page provides a detailed overview of legal protections for renters in the province. The Residential Tenancies Act specifically protects tenants from retaliation, as outlined in Section 36. This means:

• Landlords cannot end a tenancy in response to a tenant enforcing their rights
• Eviction notices issued shortly after a tenant's complaint may be considered invalid if proven to be retaliatory
• Tenants can contest such eviction notices through the RTB

For more about your general rights as a tenant—including responsibilities of both parties—see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Common Example

How to Respond If You Receive an Eviction Notice After Making a Complaint

If you've contacted the RTB or city inspectors and receive an eviction notice afterward, it's important to act quickly:

• Review the reason listed on your eviction notice—landlords must provide a legal reason for eviction, such as non-payment of rent or substantial breach of your rental agreement
• Keep records of all communications with your landlord and any complaints or inspection reports
• File a dispute with the RTB if you believe the eviction is retaliatory (official forms are available from the RTB website)

Which Forms Might You Need?

• Residential Tenancies Branch Application for Order of Possession (Form 13): Used by landlords to request an eviction order, but tenants can respond and challenge the application if served. Download form and instructions on the Manitoba government site.
• Tenant’s Application for Remedy (Form 16): Tenants use this to dispute a notice of termination or file other complaints, including protection against retaliatory eviction. Form 16 details and submission process can be found here.

Submit any completed forms to the RTB office as promptly as possible. If you’re unsure which form fits your situation, consult the RTB or a tenant support service for guidance.

Protecting Yourself After Reporting Health or Safety Concerns

Tenants are entitled to live in safe, habitable conditions. If you report:

• Unsafe wiring or electrical hazards
• Mold, pests, or water damage
• Broken appliances or heating issues

Landlords cannot penalize you for taking action. Explore Health and Safety Issues Every Tenant Should Know When Renting for practical tips on protecting your rights and documentation practices.

If you ever feel pressured or intimidated after reporting a problem, reach out to the RTB or a tenant advocacy service immediately.

Summary: Manitoba Protects Tenants Who Advocate for Their Rights

In Manitoba, your right to report issues to authorities is protected and landlords face legal consequences for taking retaliatory action. If you do experience such treatment, act quickly to protect your home and your peace of mind.

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1. Is it legal for my landlord to threaten eviction because I called the RTB?
   No. Threatening or serving eviction in response to your complaint to the RTB is illegal under the Residential Tenancies Act.
2. Can I dispute an eviction notice I think is retaliatory?
   Yes. File a Tenant’s Application for Remedy (Form 16) with the RTB as soon as possible.
3. Will making a complaint about repairs affect my ability to renew my lease?
   No. Landlords cannot withhold lease renewal or take punitive action for exercising your rights.
4. Where can I find official RTB forms if my landlord tries to end my tenancy?
   All forms, including Form 13 and Form 16, are on the Manitoba RTB forms page.

Key Takeaways

• Landlords in Manitoba cannot evict you for contacting the RTB or city inspectors—this is protected under law.
• If you receive an eviction notice soon after reporting concerns, you have the right to challenge it through the RTB.
• Keep records and act quickly if you believe an eviction is retaliatory.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB): Official Manitoba RTB site — information, forms, and assistance.
• Manitoba Human Rights Commission: Tenant rights and complaints.
• City of Winnipeg – Housing Inspections: Report unsafe conditions or bylaw violations.
• Tenant Rights and Landlord Rights in Manitoba — Overview of laws and protections for tenants in Manitoba.

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1. Residential Tenancies Act (CCSM c. R119) – Section 36: Protection from Retaliatory Eviction
2. Residential Tenancies Branch (RTB) Manitoba
3. Official RTB Forms

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