Eviction Laws for Tenants in Manitoba: A Tenant’s Guide

Eviction is a stressful topic, but understanding your rights and Manitoba’s eviction laws can help you protect yourself. As a tenant in Manitoba, it’s important to know the legal process landlords must follow, what notices you can receive, and how to respond if you are facing eviction. This guide covers the essential legal steps, relevant forms, and the protections available to tenants under provincial law.

Who Regulates Evictions in Manitoba?

Evictions in Manitoba are overseen by the Residential Tenancies Branch, the provincial body responsible for enforcing the Residential Tenancies Act. This legislation outlines all rules, forms, and procedures related to ending tenancies, including eviction.

Common Reasons for Eviction in Manitoba

Landlords can only evict tenants for reasons set out in the Residential Tenancies Act^[1]. The most common reasons include:

• Non-payment of rent
• Violating significant terms of the rental agreement
• Causing excessive damage to the property
• Disturbing other tenants or the landlord
• The landlord or a close family member plans to move in

For a deeper overview of your ongoing requirements as a renter, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

The Legal Eviction Process

Eviction cannot happen overnight. Manitoba law requires landlords to follow strict procedures to protect both sides. Here’s what to expect:

Step 1: Receiving an Eviction Notice

Landlords must provide a written notice explaining the reason for eviction. The notice must include:

• The grounds for eviction (for example: non-payment of rent)
• The date when you must leave (the termination date)
• A statement that if you do not leave, the landlord may apply to the Residential Tenancies Branch for an order of possession

Notice periods depend on the reason:

• For non-payment of rent: At least 5 days' notice
• For other breaches (e.g., damages): Usually 5–14 days, depending on the issue
• Owner possession: At least 3 months' notice

Step 2: Right to Remedy or Respond

If you receive a notice for non-payment of rent, you often have the opportunity to pay the outstanding amount before the notice takes effect. If you believe the notice is unjust, you can dispute the eviction—see below for steps.

Step 3: Landlord Applies for an Order of Possession

If you do not leave or resolve the reason for eviction, the landlord can file for an Order of Possession with the Residential Tenancies Branch.

• Form: Application for Order of Possession (Form RTB 8)
• When Used: When a landlord seeks to have a tenant removed after notice expires and no resolution is reached.
• Details & Official Link: Application for Order of Possession (Form RTB 8)

As a tenant, you will be notified of this application and have the right to respond or attend a hearing.

Step 4: Residential Tenancies Branch Hearing

If the landlord’s application proceeds, a hearing will be held. Bring evidence like rent receipts, correspondence, or photos. You may present your side and dispute the eviction.

Step 5: Enforcement of Eviction

If the order is granted and you still do not leave, the landlord may ask the Sheriff’s Office to enforce the order. Note: Landlords cannot remove you or your belongings themselves; only the Sheriff can legally evict you.

Your Rights and How to Protect Yourself

• Landlords must use legal notices and respect all notice periods under the law
• You have a right to dispute or respond to an eviction with the Residential Tenancies Branch
• Evictions for "no reason" are not legal—there must always be valid grounds
• Landlords must never evict tenants by changing locks, turning off utilities, or intimidation

The Tenant Rights and Landlord Rights in Manitoba page provides more details on your legal protections and obligations.

Other Tenant Issues Related to Eviction

Eviction isn’t always about non-payment. Sometimes disputes involve Common Issues Tenants Face and How to Resolve Them or understanding the state of your rental after you first move in. Tenants should also be aware of Obligations of Landlords and Tenants: Rights and Responsibilities Explained to avoid problems that could lead to eviction.

Official Forms for Tenants

• Application for Order of Possession (Form RTB 8): Used by landlords to remove tenants. Tenants can respond if they believe the eviction is unfair (official forms here).
• Tenant Application (Form RTB 1): Used by tenants to apply for an order regarding their tenancy rights or to challenge improper eviction (official forms here).

Always use the newest forms from the Residential Tenancies Branch Forms page.

FAQ: Manitoba Evictions Answered

1. Can my landlord evict me for no reason in Manitoba?
   No. Landlords need a legal reason, such as non-payment of rent or significant rule violations, to evict a tenant in Manitoba.
2. How much notice do I get if my landlord wants me to leave?
   The required notice period depends on the reason. For non-payment of rent, it’s at least 5 days; for most other reasons, 5–14 days, and for owner occupation, at least 3 months.
3. Can I dispute an eviction notice in Manitoba?
   Yes. You can file a dispute with the Residential Tenancies Branch, especially if you believe the notice is unjust or the landlord didn’t follow proper procedure.
4. What if I need more time to move out?
   You can request an extension from the Residential Tenancies Branch, but approval depends on your circumstances and landlord cooperation.
5. Does my landlord have to go to court to evict me?
   Most evictions are handled by the Residential Tenancies Branch, not the courts. The Sheriff enforces legal orders if required.

How To: Respond to an Eviction Notice in Manitoba

1. What should I do if I receive an eviction notice?
   Carefully read the notice and confirm the date and reason. Check if you can resolve the issue (e.g., pay any owed rent).
2. How do I dispute an eviction?
   File an application—Tenant Application (Form RTB 1)—with the Residential Tenancies Branch as soon as possible. Include all evidence.
3. How soon must I respond?
   Immediately—deadlines are strict. File before the notice period ends, or you may lose your right to dispute.
4. What evidence should I provide?
   Collect rent receipts, photos, written communications, and any documents that support your case.

Key Takeaways for Manitoba Tenants

• Evictions must follow the Residential Tenancies Act and proper notice procedures.
• You have the right to receive notice, respond, and dispute evictions through the Residential Tenancies Branch.
• Never ignore a notice—act quickly and get help if needed.
• Browse apartments for rent in Canada if you are looking for your next home or want to explore housing options.

Need Help? Resources for Tenants

• Residential Tenancies Branch (Manitoba): Information, forms, and dispute resolution
• Winnipeg Tenant Landline: Winnipeg Renters Community
• Legal Help: Legal Aid Manitoba
• Know more about your rights: Tenant Rights and Landlord Rights in Manitoba

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1. Residential Tenancies Act, C.C.S.M. c. R119 (Manitoba government legislation site)
2. Residential Tenancies Branch Main Page
3. Manitoba RTB Forms Portal

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