Illegal Lease Clauses in Manitoba: A Tenant’s Guide

Knowing your tenant rights in Manitoba is crucial for protecting yourself against unfair or illegal lease clauses. Every year, tenants encounter agreements that contain rules not allowed under Manitoba's rental laws. This article breaks down which clauses are illegal, what you can do if you find one in your lease, and where to find support or take action.

Who Regulates Rental Agreements in Manitoba?

Residential tenancies in Manitoba are governed by the Residential Tenancies Act (RTA), enforced by the Residential Tenancies Branch (RTB). This board oversees complaints, disputes, and appeals related to rental housing in the province.^[1]

What Makes a Lease Clause Illegal in Manitoba?

Landlords and tenants can agree to many terms when signing a lease, but some rules go against Manitoba law. Under the RTA, any lease term that removes or limits your basic rights as a tenant is considered void and unenforceable, even if you signed the agreement.^[2]

Examples of Illegal Lease Clauses

• Waiving legal rights: Any clause that asks you to give up your rights under the RTA, such as your right to privacy, required notice periods, or access to dispute resolution.
• Unlawful deposits: Lease terms that require deposits other than a security deposit (like "pet deposits" or "key deposits") are illegal in most situations. For more, see Understanding Rental Deposits: What Tenants Need to Know.
• Excessive fees: Demanding non-refundable fees for things like cleaning or administrative processing is not allowed.
• Forcing unfair repairs: Clauses making tenants solely responsible for all repairs—even those resulting from normal wear and tear—are void. To better understand these obligations, explore Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
• Contrary to health and safety: Any condition that endangers your health, access to essential utilities, or basic safety is not permitted. Learn more about your rights to a safe living space in Health and Safety Issues Every Tenant Should Know When Renting.
• Limiting guests or visitors: Restrictions that prevent you from having reasonable guests, or charge extra for overnight visitors, are likely unenforceable unless specifically allowed by the RTA.
• No-pet clauses in some situations: In certain government-subsidized housing, blanket pet bans may violate housing standards.
• Automatic eviction: Lease terms stating the landlord can evict you without proper notice or process (outside the RTA framework) are not legal.

If you spot any of these clauses in your lease, remember: Manitoba law will override the contract, and you are not bound by an illegal term.

How to Deal with Illegal Lease Clauses

If your lease contains one or more illegal clauses, here are steps you can take:

• Keep a copy of your signed lease for your records.
• Raise your concern in writing with the landlord, citing the Residential Tenancies Act and why the clause is not allowed.
• If the landlord refuses to address the issue or insists on enforcing the clause, contact the Residential Tenancies Branch for support or to file a complaint.

Filing a Complaint or Dispute

The Residential Tenancies Branch offers official forms for tenant complaints:

• Tenant Application (RTB Form 1)
  • Purpose: To apply for a hearing or dispute resolution about your rights as a tenant.
  • When to Use: If your landlord refuses to remove or stop enforcing an illegal lease clause, or if you face retaliation after refusing to follow such a clause.
  • Download RTB Form 1 and instructions from the government website
  • Example: A landlord threatens eviction due to a guest rule that isn't allowed. A tenant can file this form.

Summary: Protecting Your Rights as a Tenant

It’s important to know that no lease can take away your basic rights in Manitoba. The law prevails, not the written contract. If you're unsure about a term or need help, the RTB is available to assist at every step.

Related Resources

• Tenant Rights and Landlord Rights in Manitoba
• Residential Tenancies Branch
• Residential Tenancies Act (CCSM c. R119.1)
• RTB Official Forms

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Frequently Asked Questions

1. Can my landlord add rules to my lease after I move in?
   New rules or lease changes require your agreement unless specifically allowed under the RTA. Unilateral changes are not enforceable.
2. What should I do if I feel pressured to sign an illegal clause?
   Do not sign, or cross out the term and note that you do not agree. Contact the RTB for advice if needed.
3. Are no-pet clauses legal in all Manitoba rentals?
   Generally yes, but in some subsidized housing, restrictions may not be allowed. Check your specific situation with the RTB.
4. If I already signed a lease with an illegal clause, am I bound by it?
   No. Manitoba law overrides any illegal lease terms, regardless of your signature.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) Manitoba: Official website, with contact info, forms, and support lines.
• Manitoba Rent Assist: For housing benefit questions: Rent Assist Program.
• Legal Aid Manitoba: Provides free or low-cost legal advice: Legal Aid Manitoba.

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1. Residential Tenancies Branch Manitoba: https://www.gov.mb.ca/cca/rtb/
2. Residential Tenancies Act (CCSM c. R119.1): https://web2.gov.mb.ca/laws/statutes/ccsm/r119-1e.php

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