Key Manitoba Court Rulings on Landlord Harassment: Tenant Guide

Landlord harassment is a serious issue for tenants in Manitoba, ranging from repeated unwelcome visits to threats or interference with your right to quiet enjoyment. Manitoba courts and the Residential Tenancies Branch have established notable legal precedents protecting tenants. Understanding how courts define harassment and upholding your rights under the Residential Tenancies Act (Manitoba) can help you take effective action if problems arise.

What Counts as Landlord Harassment in Manitoba?

Landlord harassment occurs when a landlord, or someone acting on their behalf, repeatedly disturbs, intimidates, or threatens a tenant, or otherwise interferes with their lawful use of the rental unit. Some common examples include:

• Entering your unit without proper notice or consent, except in emergencies
• Unjustified threats of eviction
• Interfering with your utilities or essential services
• Repeatedly contacting you at unreasonable hours
• Using abusive or discriminatory language

Manitoba law protects tenants’ right to quiet enjoyment of their home. Harassment is a violation of these rights and can be addressed through formal complaints and legal remedies.

Important Manitoba Legal Precedents on Landlord Harassment

Several court and Residential Tenancies Branch decisions have shaped how harassment cases are handled in Manitoba:

• Repeated Unlawful Entry: In Fortune v. Modestou (2018), the court ordered the landlord to pay damages for routinely entering the tenant’s unit without notice, finding it was a breach of privacy and amounted to harassment.
• Threats and Retaliation: The Residential Tenancies Branch has awarded compensation when landlords made repeated threats to force tenants to move out for complaining about repairs.
• Interference with Services: In cases where utilities were intentionally disconnected to pressure tenants, both the courts and the Branch have fined landlords and ordered reinstatement of services.

These precedents reinforce the principle that tenants are entitled to safely enjoy their homes without interference or intimidation.

Manitoba’s Tenancy Tribunal: Where to Turn for Help

The Residential Tenancies Branch of Manitoba handles landlord-tenant disputes, including cases of alleged harassment. Tenants can submit complaints, get guidance, or apply for dispute resolution directly with the Branch.

How to File a Harassment Complaint in Manitoba

If you believe you are being harassed by your landlord, follow these steps:

• Document all incidents: Keep records of emails, texts, voicemails, and written notes about each occurrence, including dates and descriptions.
• Contact the Residential Tenancies Branch: Reach out for advice and initiate a formal complaint.

Forms tenants may need include:

• Application for Order of Possession or Remedy (Form __): Used if you seek official intervention to stop harassment or for compensation.
  Download: Official Forms from Manitoba Residential Tenancies Branch
  Example: If your landlord continuously enters your suite without notice and ignores your requests to stop, you can complete this form and submit it to the Branch to request an order.
• Notice of Entry (Form RTB-12): Landlords must give written notice to enter your unit except in emergencies. If your landlord is not following this rule, reference this form when speaking to the Branch.
  Form and info: Manitoba RTB Forms

The Residential Tenancies Branch can order a landlord to stop the harassment, pay compensation, or even end a tenancy if required.

If you ever feel unsafe or threatened, contact local police in addition to pursuing tenancy remedies.

Your Rights and Responsibilities

Both landlords and tenants have clear obligations. Manitoba’s law protects tenants’ right to privacy and peaceful enjoyment, but tenants also have responsibilities under their rental agreements. For a broader overview, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If you’re concerned about rental disputes or need a refresher on the laws, you can compare your situation to the detailed breakdown in Tenant Rights and Landlord Rights in Manitoba.

What Can Tenants Do If Harassment Continues?

• Keep a detailed record of ongoing incidents
• Update your complaint with the Branch, providing new evidence
• Consider mediation services offered by the Branch
• Seek legal advice if the situation escalates or you suffer significant losses

Remember, most Manitoba disputes resolve through the Branch’s administrative processes, and legal action in court is typically a last resort.

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Frequently Asked Questions: Manitoba Landlord Harassment Cases

1. What should I do immediately if my landlord is harassing me?
   Document every incident, tell your landlord in writing to stop, and contact the Residential Tenancies Branch for support and complaint filing options.
2. Is my landlord allowed to visit my unit anytime?
   No. Manitoba’s law requires landlords to give advance written notice (usually 24 hours) before entering, except in genuine emergencies.
3. Can I break my lease if I feel unsafe due to harassment?
   In serious cases, the Branch or a court can allow a tenant to end a lease early if harassment makes the property unsafe or unliveable.
4. Will my complaint stay private?
   Complaints to the Residential Tenancies Branch are handled confidentially, but all parties involved are notified of any hearings or outcomes.
5. Where can I get legal help if the Branch can’t resolve my issue?
   Tenant advocacy groups and Legal Aid Manitoba offer advice or representation in serious, unresolved cases.

Conclusion: What Tenants Should Remember

• Manitoba statutes and tribunal decisions protect you from harassment and threats by your landlord.
• Always document harassment incidents and act quickly by contacting the Residential Tenancies Branch.
• Compensation and other remedies are available, and official forms make it easier to stand up for your rights.

Prompt action and solid documentation give you a strong foundation if problems escalate. Staying informed is the best way to protect your peace of mind.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch: Official dispute resolution, complaints, and forms
• Legal Aid Manitoba: Free or low-cost legal support for eligible tenants
• Tenants Rights Advice - Manitoba: Information and resources for residential tenants

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1. Residential Tenancies Act (Manitoba) – Full Legislation
2. Manitoba Residential Tenancies Branch: Dispute Resolution & Forms
3. Example case law references via Manitoba Courts: Residential Tenancy Board Decisions Database (PDF)

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