Evictions Checklist for Manitoba Tenants: Legal Steps & Rights

Facing an eviction notice in Manitoba can be overwhelming, but knowing your rights and the proper steps can make all the difference. This comprehensive checklist breaks down the eviction process, legal protections, and practical tips for tenants in Manitoba.

Understanding the Manitoba Eviction Process

The Residential Tenancies Branch (RTB) is the official board that oversees rental laws and eviction processes in Manitoba. Under the Residential Tenancies Act^[1], landlords can only evict tenants for specific, legally valid reasons. Common grounds for eviction include unpaid rent, substantial breaches of the rental agreement, and the landlord's need to use the property personally.

Eviction is not automatic. Your landlord must follow Manitoba law closely—starting with written notice and giving you a chance to respond.

Eviction Notice: What Does It Mean?

• Proper notice is required. Notices must be in writing and meet specific timeframes depending on the reason for eviction (usually at least five days for non-payment of rent).
• Check the reason and details to see if the notice is valid.
• If you disagree with the eviction, you can file a dispute with the RTB within the designated notice period.

Manitoba Tenant Eviction Checklist

• Read your eviction notice carefully and note all dates and reasons.
• Gather copies of your lease, payment records, and all correspondence with your landlord.
• Check if the landlord followed proper procedures under the law.
• Decide if you wish to challenge the eviction or move out.
• Meet all deadlines (usually within five or ten days) to respond or apply to dispute the eviction.
• File the correct form and pay any necessary fee to the RTB if you want to contest the notice.
• Prepare for an RTB hearing by organizing evidence and witnesses, if needed.
• Plan for moving out if you do not dispute or if the RTB upholds the eviction.

Following this checklist helps you avoid missing crucial steps or deadlines that could impact your housing.

Key Official Forms for Manitoba Evictions

• Notice of Termination (No standard form):
  Used by landlords to notify tenants that the tenancy will end. For example, your landlord may deliver a written notice if rent is late beyond the grace period. Tenants must review the notice to confirm details.
• Tenant's Application to Set Aside a Notice of Termination (RTB Form): Application Form 6
  Use this form if you believe the eviction notice is unfair, unlawful, or incorrect. Submit the form to the RTB and attach any supporting evidence. For instance, if you've paid rent, provide receipts to show payment.
• Application for an Order of Possession (RTB Form 9): Form 9
  If your landlord seeks to enforce eviction, this form asks the RTB for an order requiring you to vacate the unit. Tenants can attend the hearing to provide their side before a decision is made.

Submit all forms directly to the Residential Tenancies Branch. Forms can typically be filed in person, by mail, or online. Always keep a copy for your records.

Practical Steps & Tenant Tips

• Don't ignore an eviction notice—even if you believe it's a mistake.
• Clearly communicate with your landlord in writing and save all correspondence.
• Consider negotiating with your landlord for payment plans or alternate solutions.
• Prepare to provide documentation, receipts, or witnesses if attending a hearing.
• If you must move, aim for a smooth exit by leaving the unit clean and returning all keys.

Know Your Rights as a Manitoba Tenant

Manitoba's laws offer strong protections for tenants. For example, you are entitled to written notice, a chance to contest the eviction, and a hearing before any eviction order can be enforced. For more information on your rights and obligations as both a tenant and landlord, see Tenant Rights and Landlord Rights in Manitoba.

Also, if you have questions about your deposit when leaving, check How to Get Your Security Deposit Back with Interest When Moving Out.

If you’re planning your next move, Find rental homes across Canada on Houseme.

Frequently Asked Questions About Manitoba Tenant Evictions

1. How much notice must my landlord give me before eviction in Manitoba?
   Typically, the minimum is five days for non-payment of rent, but it varies based on the reason. Always check the specific wording and dates in your notice.
2. Can I dispute an eviction notice from my landlord?
   Yes, you can apply to the RTB to set aside the notice within the notice period by submitting the appropriate application form and evidence.
3. What happens if I don’t leave after an eviction order?
   The landlord may apply for an Order of Possession, and if granted, a sheriff can be involved to remove you. Staying past the legal deadline can lead to legal costs.
4. Will an eviction affect my ability to rent in the future?
   It could—future landlords often ask about previous evictions. Try to resolve disputes early to avoid enforced orders on your record.
5. Do I lose my security deposit if I’m evicted?
   Not automatically. Deductions can only be made for damages or unpaid rent, so be sure to document the condition of your unit and keep payment receipts.

How To Respond to an Eviction Notice in Manitoba

1. Read the notice carefully. Note the reason and deadline to respond.
2. Gather proof. Collect any rental agreements, payment receipts, emails, or photos that relate to your case.
3. Decide if you will challenge the notice. If you disagree, act quickly.
4. Complete and file the right form. Submit "Tenant's Application to Set Aside a Notice of Termination" (Form 6) to the RTB.
5. Attend the hearing. Prepare to present your side and bring necessary documentation or witnesses.
6. Follow the RTB’s decision. If you lose, you must vacate on the deadline provided. If you win, you may remain in your home.

Summary of Key Takeaways

• Never ignore an eviction notice—act fast, check all deadlines, and use official forms to protect your rights.
• Manitoba’s RTB offers a structured process, including hearings, for tenants to challenge evictions.
• Maintain meticulous records and seek legal information from the official Residential Tenancies Branch.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch (RTB) – Guides, forms, dispute resolution, and contact info
• Legal Aid Manitoba – Free or low-cost legal help for eligible tenants
• Guide for Tenants & Landlords – Official handbook for rental laws
• Fact Sheet: Evictions in Manitoba

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1. The Residential Tenancies Act (Manitoba)
2. Residential Tenancies Branch, Manitoba
3. RTB Forms

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