How to Appeal an Eviction Order in Manitoba

If you have received an eviction order in Manitoba, you may still have options to protect your home. Understanding the appeal process can offer hope and valuable time, especially if you believe the order is unfair or was made in error. This guide walks Manitoba tenants through how to appeal an eviction order, including which forms to use and where to get help.

Overview: Eviction Orders & Your Rights in Manitoba

In Manitoba, eviction orders are issued by the Residential Tenancies Branch (RTB), the official board handling landlord-tenant disputes. If you disagree with an eviction order, you have the legal right to appeal—but it's important to act fast.

The Residential Tenancies Act (Manitoba) outlines the rights and responsibilities for tenants and landlords regarding evictions, appeals, and related matters¹.

When Can a Tenant Appeal an Eviction Order?

You can appeal if you believe the RTB made a mistake in their decision, if there is new evidence, or if you feel your side wasn't fully heard. Appeals are possible for orders relating to:

• Non-payment of rent
• Breaches of the rental agreement
• Other major tenancy disputes

It's important to note that not every minor disagreement qualifies for appeal. The focus is on significant errors in the decision-making process.

Key Steps: How to Appeal an Eviction Order

Appealing an eviction order involves several clear steps. Here's an overview to help you get started:

• Review your eviction order for appeal instructions and stated deadlines.
• Act quickly: Appeals must usually be made within 5 days of receiving the order.
• Prepare and submit the correct appeal form with any supporting documents.
• Attend your appeal hearing and present your case.

Which Form to Use: Download and Complete the Appeal Form

The required form is the Application for Order of Possession Appeal (RTB Form 8A). You must submit this form to the Residential Tenancies Branch (RTB).

• Download Application for Order of Possession Appeal (RTB-8A)

How to use it: For example, if the RTB issues an eviction order against you after a landlord application, and you believe the evidence was incomplete, complete RTB-8A, attach supporting documents, and file it within 5 days (excluding holidays and weekends). This puts a pause on the eviction while your appeal is considered.

What Happens After You File an Appeal?

Once your appeal is submitted:

• The RTB reviews your filing and schedules a hearing, usually within a few weeks.
• You must attend this hearing (often by phone or in person) to explain your side.
• The landlord will also be given a chance to respond to your appeal.
• A decision will be issued after the hearing, which is final unless you seek a judicial review in court.

During the appeal process, you are required to comply with valid tenancy obligations, including paying rent. See more about rental payment obligations in Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Tips to Improve Your Chances

• Bring all relevant documents (e.g., rental agreements, payment records, emails).
• Be prepared to explain why you believe the original order was incorrect.
• Consider seeking legal or advocacy help. Free resources may be available (see below).

For broader information about tenant and landlord rights in Manitoba, check out Tenant Rights and Landlord Rights in Manitoba.

If you're looking for a new place during or after your appeal, Find rental homes across Canada on Houseme.

FAQ: Eviction Appeals in Manitoba

1. How much does it cost to file an appeal against an eviction order?
   There is typically a non-refundable filing fee when submitting the Application for Order of Possession Appeal. Check the current fee schedule on the RTB fees page for up-to-date amounts.
2. Can a tenant stay in the rental during the appeal process?
   Yes, filing the appeal puts a temporary pause ("stay") on the eviction order until the appeal is heard and a new decision is issued.
3. What if I miss the 5-day deadline?
   If you file late, the RTB may dismiss your appeal unless you provide a very strong reason for the delay. Late appeals are allowed only in exceptional cases.
4. Can I get help filling out the appeal form?
   Yes. RTB staff can answer general questions about the process, and local legal clinics may be able provide assistance at no cost. See "Help and Support" below.
5. Do I have to keep paying rent while I appeal?
   Yes. You must continue paying rent and following your obligations during the appeal. Missing rent payments could weaken your case and result in further orders against you.

Conclusion / Key Takeaways

• Appealing an eviction order in Manitoba must be done quickly—within 5 days of receiving your notice.
• Use the correct form and include all supporting documents for the strongest case.
• Continue meeting all tenancy obligations, including paying rent, throughout the process.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) – Official Manitoba government body for rental disputes and appeals. 204-945-2476 or toll-free 1-800-782-8403.
• Legal Aid Manitoba – Free or low-cost legal advice on tenancy matters for eligible tenants.
• Manitoba RTB Forms Library – Download and submit the appeal form here.
• For more information on tenant protections and obligations, visit Tenant Rights and Landlord Rights in Manitoba.

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1. See Residential Tenancies Act (Manitoba)

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