Facing Eviction for a Pet in Manitoba: Tenant Rights & Steps

If you’re a tenant in Manitoba and have received an eviction notice related to your pet, it’s normal to feel anxious and uncertain about what to do next. Understanding your rights and options under the Residential Tenancies Act and knowing how the Residential Tenancies Branch can help is crucial. This guide walks you through actions to take, required forms, and where to seek help if you’re at risk of losing your rental home due to having a pet.

Your Rights as a Tenant with Pets in Manitoba

In Manitoba, landlords are allowed to include pet restrictions or conditions in the rental agreement. However, eviction is not automatic just because a tenant has a pet; there are strict legal procedures and grounds that a landlord must follow. The Residential Tenancies Branch oversees rental disputes and enforces the Residential Tenancies Act.^[1] If you received a notice to end your tenancy relating to a pet, make sure the notice meets the legal requirements and that the reason is specifically allowed by law.

• Review your rental agreement for pet clauses and special rules
• Understand which violations can justify eviction (e.g., damaging property, disturbing others, health or safety risks)
• Some service animals are protected and cannot be grounds for eviction

If your pet is not causing serious issues or you have permission in writing, the landlord may not have grounds to evict.

Legal Grounds for Eviction Related to Pets

Under the Residential Tenancies Act of Manitoba, landlords can only evict a tenant for reasons specified in the Act. Related to pets, valid grounds might include:

• Your pet causes damage to the property
• Your pet presents a health or safety hazard to others
• Your pet disturbs other tenants excessively
• Keeping a pet is strictly prohibited by the lease and you agreed to the terms

If your landlord issues a notice for any other reason, or if the notice lacks detail, you may have grounds to challenge it.

What to Do If You Receive an Eviction Notice Over a Pet

First, carefully read the notice to end your tenancy. In Manitoba, landlords must use proper written notice, stating the specific reason for eviction and providing the required notice period (usually at least one rental period, but see your situation). Here’s what you should do:

• Stay calm and collect your documents. Gather your lease, pet agreement, and any correspondence about your pet.
• Assess whether you can fix the issue. For example, if the complaint is about noise, consider training your pet or using deterrents.
• Communicate respectfully with your landlord. Sometimes, issues can be resolved without eviction.
• Know your right to dispute. You can file a dispute if you believe the notice is unfair or not following the Act.

Sometimes, moving out is the only solution, but many disputes are resolved through communication or a hearing.

How to Dispute an Eviction

If you feel the eviction notice isn’t justified, you have the right to apply to the Residential Tenancies Branch to resolve the disagreement. Use the following process and forms:

• Form: Application for an Order of Possession (Tenants) – This form is used by tenants who wish to challenge an eviction, or who believe a landlord’s notice is invalid.
  Access the form and instructions from the official Manitoba RTB forms page. Complete it and submit as soon as possible to meet deadlines (usually within 5 days of receiving the notice).

Be prepared to provide evidence, such as photos of your pet, repair receipts, or statements from neighbours.

If your pet is a certified service animal, notify your landlord and provide documentation—service animals receive legal protection under the law.

Understanding your rights about repair and maintenance can also be helpful, especially if the eviction relates to alleged damage. For full details on repair responsibilities, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Pet Deposits and Damage Concerns

Landlords in Manitoba may charge a specific pet damage deposit in addition to the regular security deposit. This must be no more than one month’s rent and is intended for repairing any damage caused by pets. It cannot be used for anything else. For a detailed overview of deposits, read Understanding Rental Deposits: What Tenants Need to Know.

Key Things to Do if You’re Facing Pet-Related Eviction

• Verify that your landlord has provided a valid, written eviction notice detailing the breach
• Check if the situation is fixable (you may be able to remedy the issue and avoid eviction)
• Apply to the Residential Tenancies Branch immediately if you plan to dispute
• Prepare documentation, such as veterinary records or letters from neighbours, to support your case

For more information on renting rules in the province, view Tenant Rights and Landlord Rights in Manitoba.

What Does the Residential Tenancies Branch Do?

The Residential Tenancies Branch (RTB) is Manitoba’s official authority for rental disputes. It handles applications from tenants wanting to dispute an eviction or resolve issues with a landlord. The RTB also provides forms, mediates hearings, and issues legal orders.

• Contact the RTB promptly if you need guidance or forms
• Attend any scheduled RTB hearing and bring all evidence related to your case

FAQ: Pet Evictions in Manitoba Rentals

1. If my lease says “no pets” but I got a pet later, can I still be evicted?
   Yes, if your agreement forbids pets, having one without your landlord’s written permission may be grounds for eviction. However, ensure your landlord followed all legal steps and consider negotiating if possible.
2. Are landlords allowed to keep my deposit because of my pet?
   Landlords can only keep the pet deposit for actual, documented damages caused by the pet—not for regular cleaning or minor wear and tear.
3. How quickly do I need to dispute an eviction notice?
   Tenants usually have only 5 days to apply to the RTB to dispute a notice to end tenancy. Act fast to protect your rights.
4. My pet is a service animal. Does the law treat service animals differently?
   Yes, certified service animals are protected under provincial and federal law and cannot be the sole reason for an eviction.
5. What help can the Residential Tenancies Branch offer?
   The RTB can answer questions, provide forms, and arrange hearings if you file a dispute about your pet or any other rental concern.

Conclusion: Key Takeaways for Manitoba Tenants

• Eviction over pets must follow Manitoba’s Residential Tenancies Act and specific rules
• Tenants have a right to dispute pet-related evictions by applying to the RTB and attending a hearing
• Pet deposits are only for actual pet damage, and service animals are protected by law

Make sure you act quickly and seek support if you’re facing eviction—most situations have a solution with the right steps and information.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch (RTB): Guidance, forms, and dispute resolution, including a comprehensive forms library
• Legal Aid Manitoba: Free or low-cost legal help for eligible tenants
• RTB Contact Page: Phone and office contact information for urgent advice
• Tenant resources from the MB government
• Tenant Rights and Landlord Rights in Manitoba

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1. [1] Residential Tenancies Act of Manitoba (current consolidated version)
2. [2] Residential Tenancies Branch – official government page
3. [3] Manitoba RTB Forms

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