How to Appeal a Manitoba LTB Decision: Tenant Steps & Rights

Receiving a decision from Manitoba’s Residential Tenancies Branch (RTB) that doesn’t go your way can feel overwhelming, especially if it affects your home, finances, or future tenancy options. Fortunately, tenants in Manitoba have the right to appeal many RTB decisions. This guide explains the appeal process in clear, practical terms, helping you protect your rights if you believe the initial decision was incorrect.

Understanding the Manitoba Residential Tenancies Branch

The Residential Tenancies Branch (RTB) is the provincial body handling tenancy disputes and landlord-tenant issues in Manitoba. The RTB interprets and enforces the Residential Tenancies Act of Manitoba^[1], providing dispute resolution for matters like rent increases, repairs, security deposits, and evictions.

Can Tenants Appeal an RTB Decision?

Yes. If you disagree with an Order or Decision made by the RTB, you generally have the right to appeal. The appeal will be heard by the Residential Tenancies Commission (RTC), an independent tribunal that reviews RTB decisions.

Types of RTB Decisions You Can Appeal

• Orders of Possession (eviction orders)
• Security deposit return or withholding decisions
• Rent increase or maintenance dispute rulings
• Repair orders or repair cost decisions

Certain decisions may have limited or no appeal rights. Always review your original RTB order, which explains appeal eligibility.

The Appeal Process: Step-by-Step

Appealing an RTB decision in Manitoba involves strict timelines and official forms. This section outlines what to do if you choose to appeal.

1. Review the RTB Decision Carefully

You’ll receive a written copy of the RTB’s decision. Take time to read the order fully—look for the “Notice of Appeal Rights and Timelines” section.

2. Know Your Deadline to Appeal

• For most orders, you have 5 days from the date you receive the decision to file your appeal with the RTC.
• Timelines may be different for other types of decisions; always check the notice.

3. Complete the Official Appeal Form

To begin your appeal, fill out the "Notice of Appeal" form available from the Residential Tenancies Commission.

• Form Name: Notice of Appeal
• Form Location: Residential Tenancies Commission Forms
• When to Use: Fill this form if you wish to challenge the RTB’s original order or decision.
• Tip: Clearly state which decision you are appealing and the reasons why you believe it is incorrect, providing supporting evidence if possible.

Example: If the RTB ruled against you in a repair dispute, you can appeal to have the Commission re-examine the case, especially if you have new documentation or feel the evidence was not properly considered.

4. Submit Your Appeal and Pay the Fee

• Submit the "Notice of Appeal" form to the RTC by mail, in person, or via fax. (Contact details are provided at the bottom of this article.)
• As of 2024, the filing fee is $55. Contact the RTC or visit their website for current fees and payment options.

5. Receive Confirmation & Prepare for Your Hearing

After submitting your appeal, the RTC will send you confirmation and a hearing date. You must attend the hearing and present your case. Bring any documentation, witnesses, or evidence to support your side.

6. Oral or Written Hearings

• Most RTC hearings are in person or via telephone.
• You can request accommodations if needed for disability or language barriers.

After Your Appeal: What Happens Next?

The RTC will decide either to:

• Uphold the RTB’s original decision
• Vary or amend the decision (make changes)
• Overturn the decision entirely

Orders made by the RTC are final and enforceable. In rare cases, you can apply for a judicial review of the RTC’s decision at the Court of King’s Bench, but this is a complex legal procedure and generally requires legal assistance.

If you are dealing with broader issues such as rent increases or maintenance disputes, the page Common Issues Tenants Face and How to Resolve Them offers practical guidance.

If You Need Rental Support or a New Place

Finding and securing a new home in Manitoba or anywhere in Canada is easy with rental platforms designed for tenants. Explore Houseme for nationwide rental listings if you are considering a move or want to compare options.

For a clearer overview of all tenant rights, including deposit rules, obligations, and dispute resolution options, refer to Tenant Rights and Landlord Rights in Manitoba.

FAQs: Appeals and Tenant Decisions in Manitoba

1. What can I do if my landlord appeals the decision? If your landlord files an appeal, you will receive notice of the hearing and have the right to attend, provide evidence, and defend your position at the RTC.
2. Do I need a lawyer to appeal an RTB decision? No, legal representation is not required, but you may bring an advocate or lawyer for support. The process is designed to be accessible for self-represented tenants.
3. Will my eviction be paused during the appeal? In some cases, appealing may pause eviction orders until the RTC hearing, but always clarify with the RTB or RTC for your specific case.
4. Can I submit more evidence during the appeal? Yes, you may present additional documentation, witnesses, or facts at your RTC hearing if relevant to your case.

Key Takeaways for Manitoba Tenants

• You have a right to appeal many RTB decisions—but act quickly, as deadlines are short.
• Submit your "Notice of Appeal" form with all supporting documents to the RTC.
• The appeals process aims to be clear and accessible, but preparation is important for best results.

Understanding your appeal rights helps safeguard your home and ensures a fair hearing at every stage of a tenancy dispute.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) Manitoba: Official RTB Website
• Residential Tenancies Commission (RTC): Official RTC Website, Contact and Filing Info
• Forms for Appealing: Notice of Appeal (RTC)
• Tenants’ Rights Organizations: Legal Aid Manitoba, Tenant Union of Manitoba

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1. Read the Residential Tenancies Act of Manitoba
2. Confirm forms, fees, and timelines with the Residential Tenancies Commission of Manitoba

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