Legal Guide to Short-Term Rental Subletting Cases in Manitoba

Short-term rental subletting, such as listing a rental unit on Airbnb or other platforms, is an increasingly common concern for tenants and landlords in Manitoba. Understanding your rights and the legal landscape is essential before deciding to sublet for a short term. This guide breaks down recent Manitoba case law, explains tribunal decisions, and directs you to the steps and resources you need as a tenant or landlord.

Key Background: Manitoba's Rules on Subletting and Short-Term Rentals

Manitoba tenants have the right to sublet their rental unit, but only with written consent from the landlord. This rule applies regardless of whether the subletting is for a long-term or short-term (such as days or weeks) arrangement.

Short-term rental platforms like Airbnb have made it easier for tenants to consider subletting, but this raises unique legal questions around landlord consent, damage deposits, and lease violations.

The Legal Tribunal and Legislation You Need to Know

• Tribunal: In Manitoba, the Residential Tenancies Branch (RTB) is responsible for resolving rental disputes and interpreting the law.
• Legislation: The Residential Tenancies Act (Manitoba) sets out tenant and landlord rights regarding subletting and assignment.

For an overview about broader tenant and landlord rights and obligations, see Tenant Rights and Landlord Rights in Manitoba.

Important Manitoba Subletting and Short-Term Rental Decisions

The Residential Tenancies Branch has heard multiple disputes where tenants sublet without proper approval or where landlords refused consent. The outcomes of these cases offer important lessons for all Manitoban renters considering short-term subletting.

• Key findings from Manitoba RTB cases:
  • Tenants must secure landlord's written consent to sublet, including for short-term or vacation rentals.
  • Landlords cannot unreasonably withhold their consent but may have valid grounds (like insurance restrictions, condo bylaw conflicts, or concerns about frequent guest turnover).
  • If a tenant sublets without permission, the landlord may have grounds to seek termination of the tenancy for breach of lease conditions.
  • Any rent or security deposit arrangement made with a subtenant does not remove the original tenant’s responsibility under The Residential Tenancies Act.

For detailed examples, you can search RTB case summaries or recent orders published online here.

Relevant Forms for Subletting in Manitoba

• RTB Form 7 – Request for Sublet or Assignment
  • When to use: If you want to sublet or assign your rental unit, this form officially requests your landlord’s consent.
  • How to use: Complete and submit the form to your landlord. The landlord must respond within seven days. If consent is refused, the landlord must provide written reasons.
  • Download RTB Form 7 (PDF)
• RTB Application Forms (For Dispute Resolution)
  • Use these if the landlord unreasonably refuses your sublet application (after submitting Form 7) and you wish to appeal to the RTB.
  • Access all RTB Application Forms

If your subletting or short-term rental plans are approved, remember to review Obligations of Landlords and Tenants: Rights and Responsibilities Explained to prevent lease violations.

Risks of Unauthorized Short-Term Rental Sublets

If a tenant sublets their rental unit on a short-term basis without landlord approval, possible consequences include:

• Breach of lease and eviction proceedings
• Loss of damage deposit (security deposit)
• Potential for legal claims by your landlord related to damages, excessive wear, or bylaw violations

How to Sublet Your Rental Unit Legally in Manitoba

Here's how to apply for subletting or assignment—whether for long-term or short-term rental use—so you stay fully compliant:

• Review your lease and speak with your landlord about your plans.
• Complete and submit RTB Form 7, giving all required details about your proposed subtenant and duration.
• Wait up to 7 days for the landlord's response. They must provide reasons in writing if refusing.
• If refused and you believe the refusal is unreasonable, apply to the Residential Tenancies Branch for dispute resolution.
• Never enter your unit into a short-term rental program before receiving written landlord consent.

For more on your responsibilities after securing permission, read What Tenants Need to Know After Signing the Rental Agreement.

Short-Term Rental Subletting: Manitoba Case Summary

In summary, Manitoba decisions consistently reinforce the need for written consent and adherence to both lease and statutory requirements. Tenants benefit from a clear and fair process—when followed correctly—or risk serious tenancy consequences.

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Frequently Asked Questions (FAQ)

1. Can my landlord refuse to let me sublet my apartment in Manitoba?
   Landlords cannot unreasonably refuse to let you sublet. However, they can deny consent for valid reasons, such as insurance concerns or rules that prohibit short-term rentals under condo bylaws.
2. What should I do if I want to list my apartment on Airbnb?
   Always obtain written consent using RTB Form 7 before listing on Airbnb or similar platforms to avoid lease violation or potential eviction.
3. What happens if I sublet without permission?
   Your landlord could start eviction proceedings or claim damages. You may also lose your deposit if there's extra wear or bylaw infractions.
4. Do I still have responsibilities if I sublet my apartment?
   Yes. Even if you sublet, you remain responsible for all terms of the lease and The Residential Tenancies Act until the tenancy officially ends or is assigned.
5. How long does my landlord have to respond to a sublet request?
   By law, Manitoba landlords must respond within seven days of receiving your RTB Form 7 request.

Conclusion: Key Takeaways

• Written landlord consent is required for all sublets, including short-term rentals.
• Always use the official RTB Form 7 to request permission.
• Consult the Residential Tenancies Branch if your landlord unreasonably denies your request.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch – answers, forms, and dispute resolution
• Official RTB Forms and Guides
• Tenant Info & Support – Manitoba Government
• Rent Assist Manitoba
• Local tenant resource centres or Legal Aid Manitoba for legal support

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1. Residential Tenancies Act (Manitoba)
2. Manitoba Residential Tenancies Branch
3. Manitoba RTB Orders and Case Summaries
4. Manitoba RTB Forms

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