Legal Protections for Manitoba Tenants with Mental Illness

Tenants living with mental illness in Manitoba have important legal protections to ensure they are treated fairly in the housing market. Discrimination based on mental health is prohibited by law, and both the province and national human rights legislation help safeguard your rights as a renter. This article explains these protections, how to identify discrimination, what steps you can take if your rights are violated, and where to seek additional support in Manitoba.

Understanding Discrimination and Your Rights as a Tenant

Discrimination occurs when you are treated unfairly or denied a right (such as renting a home) based on your mental health condition. In Manitoba, renters are protected under the Human Rights Code (Manitoba) and the Residential Tenancies Act (Manitoba).¹ These laws make it illegal for landlords to:

• Refuse to rent to you because of your mental illness
• Evict you or treat you differently from other tenants
• Set different terms for your lease due to your mental health status

Reasonable accommodation is also a legal right. This means landlords must make reasonable changes or adjustments (when requested) to allow tenants with mental health disabilities full enjoyment of their rental home—unless doing so would cause undue hardship.

Where to Learn More About Your Rights

For a thorough overview of tenant and landlord rights in your province, check out Tenant Rights and Landlord Rights in Manitoba.

Examples of Discrimination and Reasonable Accommodation

• A landlord refuses your rental application when they learn you have a mental illness.
• You request an emotional support animal as an accommodation, but your landlord denies it without a valid reason.
• Other tenants are not asked for medical documentation, but you are.

In each case, you have the right to ask your landlord to make reasonable changes and provide equal access to your housing.

Manitoba’s Rental Tribunal: Where to Resolve Disputes

The Residential Tenancies Branch (RTB) is the official body that oversees rental disputes in Manitoba and ensures that tenants’ rights are enforced.

How to Take Action If You Face Discrimination

If you believe you’ve been discriminated against due to mental illness, you can file a complaint with the Manitoba Human Rights Commission or seek help through the RTB. Here’s how:

• Document everything—keep copies of emails, messages, and notes about what happened.
• Contact the Manitoba Human Rights Commission to file a discrimination complaint.
• Request your landlord provide reasonable accommodation and outline your needs in writing.
• Work with a tenant advocacy group if you need support during the process.

Relevant Official Forms

• Human Rights Complaint Form – Use this form to file a complaint of discrimination based on mental illness with the Manitoba Human Rights Commission.
  Example: If your landlord refuses to rent to you after learning about your disability, complete the Human Rights Complaint Form and submit it online or by mail.
  Official download: Manitoba Human Rights Complaint Form
• Application for Order (Residential Tenancies Branch) – Use this form if your landlord fails to make reasonable accommodations or if you experience another breach of your rights under the Residential Tenancies Act.
  Example: If you request an emotional support animal and the landlord refuses, you may file this application.
  Official download: Application for Order (RTB)

Key Rules and Legislation

• Human Rights Code (Manitoba): Prohibits discrimination in housing due to mental or physical disabilities. Read more about the Human Rights Code
• Residential Tenancies Act (Manitoba): Governs rental housing relationships across the province. Review the Residential Tenancies Act

If you are experiencing broader issues, like health and safety concerns or disputes over your rental, see Common Issues Tenants Face and How to Resolve Them.

For rental search and support across the country, Find rental homes across Canada on Houseme.

FAQ: Protections for Tenants with Mental Illness in Manitoba

1. Can my landlord evict me because of my mental illness?
   No. Evicting a tenant because of their mental illness is discrimination and is prohibited under Manitoba law.
2. Am I required to tell my landlord about my mental health condition?
   Only if you are requesting accommodation. Otherwise, there is no legal requirement to disclose this information.
3. What should I do if my landlord refuses my request for accommodation?
   Document your request in writing. If the landlord denies it without valid grounds, you can submit a complaint to the Manitoba Human Rights Commission or file an application with the RTB.
4. Does my landlord have to allow an emotional support animal?
   Yes, if it is part of a reasonable accommodation for your mental health disability and the request does not pose serious hardship or health risks.
5. Where can I find help if I think my rights have been violated?
   Contact the Manitoba Human Rights Commission, the Residential Tenancies Branch, or local tenant advocacy organizations for advice and assistance.

Summary and Key Takeaways

• You are protected by law from discrimination based on mental illness in Manitoba.
• Landlords must make reasonable accommodations to support your needs.
• If you face discrimination, resources are available to help you assert your rights and file complaints.

Knowing your rights can help you feel confident in your housing journey and ensure you are treated with respect. If you have questions about other tenancy issues or provincial rental laws, Tenant Rights and Landlord Rights in Manitoba offers further assistance.

Need Help? Resources for Tenants

• Manitoba Human Rights Commission – File discrimination complaints and access resources.
• Residential Tenancies Branch (RTB) – Get support for tenancy disputes or to file rental applications.
• New Journey Housing – Housing support for newcomers and vulnerable tenants.
• Canadian Mental Health Association – Manitoba & Winnipeg – Mental health advocacy and support services.

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1. Human Rights Code (Manitoba)
2. Residential Tenancies Act (Manitoba)
3. Official Human Rights Complaint Form
4. Application for Order – Residential Tenancies Branch

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