How to Fight an Eviction in Manitoba: A Tenant’s Guide

If you are facing eviction in Manitoba, understanding your tenant rights and the process is critical. Manitoba tenants have legal protections under the Residential Tenancies Act (Manitoba), and the Residential Tenancies Branch handles disputes.^[1] This guide walks you through the steps, official forms, and resources you need to fight an eviction confidently.

Understanding Eviction in Manitoba

Eviction is the legal process where a landlord ends a tenancy and asks a tenant to leave the rental unit. In Manitoba, a landlord must have a valid reason and must follow the rules set out by provincial law.

• Common grounds for eviction include non-payment of rent, disturbances, property damage, or landlord's personal use.
• Landlords must provide written notice to the tenant stating the reason and the date they must move out.

It's important to distinguish between legal and illegal evictions. Only the Residential Tenancies Branch, not your landlord, can order an eviction if you contest it.

Types of Eviction Notices in Manitoba

Depending on the reason, your landlord will serve a specific type of eviction notice. Each notice must follow set forms and timelines.

• Notice for Non-Payment of Rent: Requires 5 days' notice. If you pay the outstanding rent within those 5 days, the eviction is canceled.
• Notice for Cause (e.g., property damage, disturbing others, repeated late rent): Usually requires 5 to 14 days' notice.
• Notice for Landlord’s Own Use or Major Renovation: Requires at least 3 months' notice.

All eviction notices must be in writing and served properly according to Manitoba law.

Your Rights and Responsibilities as a Tenant

You have a right to challenge an eviction notice and remain in your home unless and until the Residential Tenancies Branch orders otherwise. Be sure to continue meeting your obligations during this time, including paying rent on time.

Learn more about Obligations of Landlords and Tenants: Rights and Responsibilities Explained for further clarity on your duties.

How to Challenge an Eviction Notice

If you believe your eviction is unfair, not legal, or you have corrected any issues (like paying rent), you can file a dispute with Manitoba’s Residential Tenancies Branch. Acting quickly is essential, as there are strict deadlines.

Step-by-Step: Disputing an Eviction

• Read your eviction notice thoroughly. Check the reason, notice period, and date.
• Gather any evidence (rent receipts, communication with landlord, photos of the unit).
• Do not stop paying rent while disputing an eviction.
• Complete the correct application form to dispute the notice (see below).
• Submit your form and supporting documents to the Residential Tenancies Branch as soon as possible.
• Attend the scheduled hearing. You can bring witnesses or evidence.
• Wait for the official decision. Only the Branch can issue an order of possession to evict you.

Key Forms and Where to Find Them

• Application for Order of Possession (Form 7) — Used by landlords to legally request eviction through the Branch. You do not need to fill this unless you are a landlord, but it is important to recognize it if received. Download from Manitoba RTB
• Tenant's Application to Set Aside Notice to Move (Form 13) — Use this if you want to dispute an eviction notice. Submit it within 5 days (for non-payment) or within the timeline indicated for other reasons. View official form
• Notice of Hearing — After you file, you’ll receive this with your hearing date and details. Attend the hearing to present your case.

Be sure to download forms directly from the Residential Tenancies Branch website.^[2]

If you receive an eviction notice, act immediately – missing a deadline may result in automatic eviction. Document everything and keep copies of all correspondence.

What Happens After You File a Dispute?

Once the Residential Tenancies Branch receives your application, they will arrange a hearing where both you and your landlord can present evidence. An officer will make a decision, which both sides must follow.

• If you win, you stay in your home and the notice is void.
• If you lose, an order of possession may be granted, meaning you must leave by a specific date.
• You may appeal the decision to the Residential Tenancies Commission if you act quickly.

More information about your general rights in Manitoba can be found at Tenant Rights and Landlord Rights in Manitoba.

Can You Be Evicted for Reasons Other Than Non-Payment?

Yes. Tenants can be evicted for reasons such as repeated late rent, violating the lease, disturbing other tenants, or the landlord’s own use of the property. The rules and notice periods may be different.

Understanding your lease and obligations is essential. See What Tenants Need to Know After Signing the Rental Agreement for more.

What to Do If Eviction Is Due to Repairs or Health Concerns

In some cases, landlords may try to evict due to concerns about property damage or repairs needed. If you believe this is unjust, raise health or safety concerns with the Residential Tenancies Branch and provide evidence. Tenants have the right to safe housing.

For more options during your rental journey, you can Find rental homes across Canada on Houseme.

Frequently Asked Questions About Eviction in Manitoba

1. Can my landlord evict me without a written notice?
   No, all evictions in Manitoba must start with a proper written notice specifying the reason and effective date.
2. How quickly must I respond to an eviction notice?
   For non-payment of rent, you must respond within 5 days. For other notices, check your specific notice or contact the Residential Tenancies Branch.
3. Should I continue to pay rent if I am disputing an eviction?
   Yes, always pay rent while challenging an eviction, unless instructed otherwise by the tribunal.
4. Can I appeal if I lose at the Residential Tenancies Branch hearing?
   Yes, you may appeal to the Residential Tenancies Commission. You must do so quickly after receiving the decision.
5. Where can I get help with filling out eviction dispute forms?
   Contact the Residential Tenancies Branch or local tenant advocacy groups for help with forms and hearings.

Key Takeaways for Tenants Facing Eviction

• Act immediately if you receive an eviction notice — strict deadlines apply.
• Use Form 13 to dispute unfair eviction by submitting it to the Residential Tenancies Branch.
• You have the right to a hearing and legal process before you can be evicted.

Need Help? Resources for Tenants

• Residential Tenancies Branch (Manitoba) — Official forms, dispute resolution, and information
• Government of Manitoba: Renting and Tenancy Resources
• Local tenant support groups and advocacy organizations such as the Legal Help Centre (Winnipeg)
• Tenant Rights and Landlord Rights in Manitoba — Overview of tenant protections and responsibilities

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1. Manitoba Residential Tenancies Act: Read the Residential Tenancies Act
2. Residential Tenancies Branch: Official Manitoba RTB Website

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