Manitoba Tenant Eviction Rights: Laws, Process, and Protection
Evictions are stressful, but understanding your rights as a tenant in Manitoba can help you respond with confidence. Manitoba’s laws provide strong protections for tenants, outlining specific reasons a landlord can ask you to leave and the correct process they must follow. This guide explains the eviction process, your rights, and where to get help if you are facing eviction in Manitoba.
Overview: Tenant Eviction Rights in Manitoba
The eviction process in Manitoba is governed by the Residential Tenancies Act (RTA)1. The Residential Tenancies Branch (RTB) handles disputes, provides forms, and ensures fairness for both tenants and landlords. To lawfully evict a tenant, landlords must follow strict rules.
- Landlords must have a valid reason for eviction (e.g., non-payment of rent, substantial breach, owner move-in).
- Written notice using the right form is required.
- Tenants have the right to dispute an eviction through the RTB.
If you are being evicted, always ask to see the written notice and ensure you understand your rights before taking any next steps.
Valid Reasons for Eviction
Manitoba law allows landlords to end a tenancy for specific reasons. Some common grounds include:
- Non-payment of rent: Rent must be overdue before an eviction notice is issued.
- Repeated late payments: Regular late rent can be a reason for eviction.
- Serious violation of rental agreement: This could include illegal activities, damage to the unit, or disturbing other tenants.
- Owner’s personal use: If the landlord or their close family member will move in and live there.
- Major repairs or demolition: When the property must be vacant for renovations or demolition.
Landlords cannot evict for discriminatory or retaliatory reasons, such as if you complained about repairs or joined a tenants’ association. For more details about ongoing tenant rights, visit What Tenants Need to Know After Signing the Rental Agreement.
Eviction Notices: Required Forms and Process
Landlords must use official RTB forms when starting the eviction process. Each form has a different purpose and legal requirements.
- Notice of Termination for Non-Payment of Rent (RTB Form 7):
- Used when rent is not paid by the due date.
- You have five days from receiving the notice to pay the outstanding rent and avoid eviction.
- Official RTB forms and guides
- Notice of Termination – Other Reasons (RTB Form 8):
- Used for reasons such as major repairs, landlord’s own use, or breaches of agreement.
- Notice period varies (usually 1–3 months, depending on the reason).
- Details and forms are at the Manitoba RTB forms library.
If you receive any of these forms, review them carefully. Do not ignore a notice as missing a response deadline could lead to losing your right to dispute the eviction.
Disputing an Eviction
Tenants in Manitoba have the right to challenge an eviction notice. You can apply for a hearing and submit your response to the Residential Tenancies Branch before the notice period expires. You will need to use the Application for Order of Possession/Set Aside Notice to Terminate (RTB Form 10).
- RTB Form 10: Application for Order of Possession/Set Aside Notice to Terminate
- Used if you believe your eviction is not valid or you disagree with the landlord's claims.
- Submit to the RTB as quickly as possible (deadlines are strict).
- Find and download Form 10 from the RTB
What Happens at an RTB Hearing?
The Residential Tenancies Branch will schedule a hearing, usually by phone or in person. You and your landlord can present your sides, including evidence (written statements, photos, repair requests, etc.). After the hearing, the RTB will issue a decision. If the RTB rules in favour of the landlord, you’ll be given a date by which you must leave the rental unit. If the RTB finds in your favour, the eviction may be canceled.
Your Rights and Next Steps if Facing Eviction
It’s important to know that an eviction is not final until the proper process is completed. If you receive a notice:
- Review the reason for eviction and make sure the notice uses the right form and timeline.
- Check if you can resolve the issue (e.g., pay overdue rent within five days).
- If you wish to dispute the eviction, contact the RTB and submit your application as soon as possible.
- Prepare your evidence for the hearing (emails, photos, receipts, letters).
Even if an eviction proceeds, you remain responsible for rent until the final day. For tips on organizing a smooth transition, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.
Additional Manitoba Tenant Rights
Evictions are just one part of keeping your rental rights protected. You also have the right to live in a safe, well-maintained home. If you experience health or maintenance problems, learn more in Health and Safety Issues Every Tenant Should Know When Renting.
For an overview of all relevant Manitoba tenant and landlord rights, see Tenant Rights and Landlord Rights in Manitoba.
Looking for a new place after an eviction or considering a move? Find rental homes across Canada on Houseme.
FAQ: Manitoba Tenant Eviction Questions
- What notice must a landlord give before evicting a tenant in Manitoba?
Generally, for non-payment of rent, only five days’ notice is required. For most other reasons, landlords must give at least one rental period’s notice, but it may be longer for certain reasons (like major renovations). - Can I be evicted immediately for non-payment of rent?
No, you must be given a formal Notice of Termination. You have five days to pay the rent owed before the eviction can proceed. - How do I dispute an eviction in Manitoba?
You must file the appropriate form with the Residential Tenancies Branch before your notice period ends. A hearing will be scheduled for both parties to explain their sides. - Does the landlord need a reason to end my tenancy?
Yes, Manitoba law only allows specific legal reasons for eviction. Evictions for discriminatory or retaliatory motives are not permitted. - What happens if I move out before the hearing or notice expires?
If you move before the eviction is processed, notify your landlord and keep written records for your protection. You may still be responsible for rent until the official end of the tenancy.
How To: Respond to an Eviction Notice in Manitoba
- How do I dispute an eviction notice?
Review the eviction notice, then fill out and submit RTB Form 10 (Application for Order of Possession/Set Aside Notice to Terminate) as soon as possible. You can find the form on the Manitoba RTB website and submit it in person or online. - How do I prepare for a Residential Tenancies Branch hearing?
Gather all documents (such as rent receipts, emails, maintenance requests) and prepare a clear summary of events. Attend the scheduled hearing prepared to explain your situation. - How do I pay overdue rent to stop an eviction for non-payment?
If you receive a notice for unpaid rent, pay the full outstanding amount within five days of receiving the notice. Keep records of your payment to show the landlord. - How can I get help if I don't understand the eviction notice?
Contact the Residential Tenancies Branch immediately. Their staff can explain the process, your rights, and next steps.
Key Takeaways
- Tenants in Manitoba are protected by strict eviction laws and processes under the Residential Tenancies Act.
- You have the right to dispute any eviction notice by filing with the Residential Tenancies Branch before the stated deadline.
- Landlords must provide a written notice, valid legal reason, and use official forms; evictions for discriminatory reasons are not allowed.
Need Help? Resources for Tenants
- Residential Tenancies Branch (RTB): Official Manitoba government body for tenancy issues, forms, and disputes. Contact the RTB here
- Legal Aid Manitoba: Provides support to eligible tenants facing eviction. Legal Aid Manitoba
- For a complete overview, see Tenant Rights and Landlord Rights in Manitoba.
- Manitoba’s Residential Tenancies Act: Full legislation text
- Residential Tenancies Branch (RTB): Official website
- RTB Forms Library: Official forms and information
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